Heckendorf v. J. C. Penney Company and

Action by plaintiffs Karen Marie Heckendorf (hereinafter ""Karen"") through her guardian ad litem, and Norman Heckendorf, her father, against defendants J. C. Penney Company (hereinafter ""Penney"") and Hyman B. Coen, to recover damages for personal injuries sustained by Karen. Plaintiffs' amended complaint alleged: On December 1, 1962, Karen, who was then two years old, while accompanied by her parents, caught her right hand between the door and the doorjamb of the swinging door forming the outside entrance to the Penney store in Wausau. The Heckendorfs were entering the store at the time of the accident. As a result of the accident Karen suffered severe and permanent injury to her right hand. The store conducted a retail business catering to the general public and constituted a ""place of employment"" as that term is used in sec. 101.06, Stats. Coen was the owner of the building and had leased it to Penney under a lease which required Coen to keep all structural parts of the building in good order and repair. Karen's injuries were caused by the negligence of defendants in failing to construct or maintain the building in a safe condition, and more particularly: