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Barmore v. Elmore | a403 N.E.2d 1355 (1980)

Traditional premises liability rules provide that someone who comes onto someone else’s land is either a business invitee, a licensee, or a trespasser. And the extent of the premise owner’s duty of care toward the person depends on that person’s status. The Illinois Appellate Court considered the difference between business invitees and licensees, and the duty owed to each, in the 1980 case of Barmore versus Elmore.

Thomas Elmore Senior lived in a home with his wife, Esther, and their forty-seven-year-old son, Thomas Junior. Thomas Junior had a history of emotional disorders. In the distant past, he’d had a few violent episodes, but the most recent had been nearly ten years ago. And in the intervening years, Thomas Junior had held a job, bought a home, and was dealing with the normal stresses of adult life. He received outpatient treatment for his emotional issues and was taking medication.

Thomas Senior invited his friend and fellow Masonic Lodge officer, Leon Barmore, to his home to discuss lodge business. During their visit, Thomas Junior attacked Barmore with a steak knife, stabbing him several times in the chest, injuring him.

Barmore sued Thomas Senior, Esther, and Thomas Junior in state court. Thomas Junior didn’t answer, and thus defaulted. Barmore alleged that he was an invitee at Thomas Senior and Esther’s home and that Thomas Senior and Esther had breached their duty to him, resulting in Thomas Junior injuring him.

The trial court, while assuming that Barmore was a business invitee on the Elmore residence, nevertheless granted Thomas Senior and Esther a directed verdict. Barmore appealed to the Illinois Appellate Court.

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