In Blackmon v. Tri-Arc Foot Systems, a North Carolina court considered a plaintiff’s claim for damages based on negligence in designing and maintaining a parking lot. The plaintiff was age 37, working as a third shift employee for Talecris Plasma Resources. After his shift ended shortly before 8 a.m., he went to a Bojangles fast food restaurant. The restaurant had a lot with marked parking spaces for customer use, but the plaintiff didn’t park in those spaces but instead parked in front of the restaurant along the curb of the driveway.
The plaintiff later testified that he parked there because he was driving a 22-foot-long crew cab truck that wouldn’t fit in the marked spots. He wanted to be able to see the truck while eating. He’d previously parked there many times, and the defendant’s employees and manager knew that customers sometimes parked there. However, about two years before, another vehicle parked there had been rear-ended.
The plaintiff came out of the restaurant and saw that his rear taillight had been damaged, and another truck in the lot had corresponding damage. He got help from a police officer eating inside. The officer asked the plaintiff to stand behind his truck while he took down his information.