Thurman v. Thomas

Plaintiff brought this action to recover for personal injuries allegedly caused by defendants’ negligence, claiming that he was injured while using defendants’ self-service car wash. He appeals from a summary judgment entered in favor of defendant Shockman.1 We reverse.

Defendants Thomas are the owners of a parcel of real estate in Pendleton on which Shockman operates a self-service car wash. Located on the floor in the car wash is a round metal grate that fits over a sump, into which debris and water drain. The grate is similar to a manhole cover. On the day in question, plaintiff stepped on…