Boyette v. Trans World Airlines, Inc.
954 S.W.2d 350 · Missouri Court of Appeals · 1997
Facts
Joseph Rutherford, after consuming alcohol, deplaned a TWE flight, stole a golf cart in the airport terminal, and was pursued by a TWE employee. He then, with a coworker's help, climbed into an unlocked cleaning room's trash chute, fell into a trash compactor, and was fatally compacted. His mother sued TWE and the City of St. Louis for wrongful death, alleging negligence.
Issue
Did TWE owe a continuing duty of care to Rutherford after he left the common carrier's control, and was its employee's pursuit the proximate cause of his death? Did the City of St. Louis owe a duty to Rutherford, a trespasser, regarding the trash compactor, and did the lack of safety features constitute a breach of duty?
Holding
The court affirmed summary judgment for TWE and the City, finding TWE's duty as a common carrier ended upon Rutherford reaching the terminal, and his actions were an intervening cause. The City owed Rutherford, as a trespasser, only the duty to avoid intentionally injuring him, which was not breached by the trash compactor's design or operation.
Rule
A common carrier's duty to a passenger is discharged once the passenger reaches a reasonably safe place, and an intervening act can break the chain of proximate causation. A landowner's duty to a trespasser is limited to refraining from intentionally placing hidden dangers or using willful force, and there is no general duty to rescue. Negligence requires proof of duty, breach, and proximate causation.
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