This section contains the nature of the case and procedural background.

P went to D's fruit farm to purchase or borrow fruit packing boxes. Farmers in the area routinely sold at cost or loaned packing boxes to each other, as needed, as a favor to one another. Four days prior William McConnell, the foreman at D's fruit farm, took P into the warehouse and pointed out where the boxes were stored. He showed P how he could retrieve them in the future by himself. McConnell informed P that if he needed additional boxes in the future, he could retrieve them on his own. P entered the warehouse to obtain more boxes. P climbed on top of the pallets and in the process fell into the center of them, suffering head and shoulders injuries. P sued D for personal injuries. D claimed that P was a licensee when he entered the warehouse and was only entitled to a lower standard of care. The court instructed the jury that there was a question of fact as to whether P was an invitee or licensee and then gave the jury an instruction defining both and setting forth the appropriate standards of care. P objected, and D got the verdict. P appealed. P asserts he was an invitee.

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