The opinion of the court was delivered by This is a personal injury action in which Laura Schlobohm seeks
damages for injuries sustained when she fell in the entranceway
of the United Parcel Service (UPS) building in Emporia. Schlobohm
alleged UPS and Smith Construction Company (Smith), the builder
of the entranceway, were negligent, in part, in the construction
and maintenance of the entranceway because it had an elevation
differential of more than one inch. UPS and Smith asserted
comparative negligence by Schlobohm. Following a trial to the
jury, a verdict was returned assessing Schlobohm 88% fault, UPS
12% fault, and Smith 0% fault. The Court of Appeals affirmed and
we granted Schlobohm's petition for review. The relevant undisputed facts are: On December 4, 1986,
Schlobohm, a business invitee of UPS, arrived at the UPS premises
with a package for shipment. A car parked too close to the
building prevented Schlobohm from fully opening the door.
Therefore, she held the door partially open with her hip,
maneuvered to the other side of the door, and stepped into the
entranceway. Before Schlobohm could completely enter the
building, the door forcibly closed, causing her to fall and catch
her right ankle between the door and the 2 7/8 inch rise of the
threshold. Schlobohm suffered a fractured and dislocated ankle
that required several surgeries.
