Abc Servs., LLC v. Wheatly Boys, LLC
817 S.E.2d 397, 259 N.C. App. 425 (2018)
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Rule of Law:
An individual with permission to be on a property may become a trespasser by committing a wrongful act that exceeds the scope of the invitation. Additionally, for purposes of North Carolina's anti-littering statute, a facility designed to collect waste from customers, such as a car wash drainage system, qualifies as a "litter receptacle."
Facts:
- ABC Services, LLC ('Plaintiff') owned and operated a car wash facility in Beaufort, North Carolina.
- An employee of Wheatly Boys Tire & Automotive ('Defendant') drove a company truck, which was equipped with an off-road diesel holding tank, into a washing bay at Plaintiff's facility.
- The employee proceeded to wash the truck's holding tank, dumping its residue and the remaining diesel fuel into the car wash's drainage system.
- This activity continued for approximately 15-20 minutes until an employee of the car wash intervened and asked him to stop.
- Following the incident, a strong smell of diesel emanated from the drain, and a dark, greasy liquid was observed inside it.
- Plaintiff was required to hire a professional cleaning company to dispose of the hazardous contents in the drain.
Procedural Posture:
- In October 2015, ABC Services, LLC ('Plaintiff') filed a complaint against Wheatly Boys Tire & Automotive ('Defendant') in North Carolina District Court.
- Defendant filed an answer that included a Rule 12(b)(6) motion to dismiss for failure to state a claim.
- The parties later stipulated to a Pre-Trial Order that did not list the Rule 12(b)(6) motion as pending.
- On the day trial was set to begin, the trial court heard arguments on Defendant's Rule 12(b)(6) motion.
- The trial court granted Defendant's motion and dismissed all of Plaintiff's claims.
- Plaintiff (as appellant) appealed the dismissal to the North Carolina Court of Appeals, with Defendant as the appellee.
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Issue:
Under North Carolina law, does a complaint sufficiently state claims for (1) statutory littering and (2) common law trespass when a defendant's employee, after lawfully entering a public car wash, dumps a large quantity of diesel fuel into the facility's drainage system?
Opinions:
Majority - Dillon, Judge.
No, as to the littering claim; Yes, as to the trespass claim. The complaint fails to state a claim for statutory littering but successfully states claims for trespass and negligence. The statutory littering claim fails because the car wash drainage system qualifies as a 'litter receptacle' under N.C. Gen. Stat. § 14-399. The statute specifically exempts disposal of litter into a 'litter receptacle.' Citing State v. Hinkle, the court reasons that the legislature intended 'receptacle' to cover a broad range of containment vessels, and a car wash drain, which is designed to collect and store waste from customers' vehicles, fits this description. However, the trespass claim is valid. Citing Fordham v. Eason, the court explains that a lawful entry onto property can become a trespass if the individual's subsequent actions exceed the scope of the owner's invitation. Although the employee's initial entry was authorized, a jury could reasonably find that Plaintiff's public invitation to wash vehicles did not extend to dumping large quantities of hazardous material. Therefore, this unauthorized act could constitute a trespass. The negligence claim was also sufficiently pleaded by alleging the employee breached a duty of care in using the property, proximately causing damage.
Analysis:
This decision clarifies the scope of North Carolina's statutory littering law, establishing that commercial facilities designed to collect waste, such as drains, can be considered 'litter receptacles,' creating an exception to liability under that specific statute. More significantly, the opinion reinforces the common law tort principle that lawful presence does not create immunity for subsequent wrongful acts. It affirms that an invitee can become a trespasser by exceeding the scope of the permission granted, providing a crucial avenue for property owners to seek remedies when visitors misuse their property in damaging or unauthorized ways. The case demonstrates that while a specific statutory claim may fail on a technicality, alternative common law claims like trespass and negligence can still provide relief for the same underlying harmful conduct.
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