Woodard v. Bank of America National Trust & Savings Ass'n

FINLEY, J. pro tem.

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This appeal is by defendant Merchants’ National Realty Corporation from a judgment rendered by the court sitting without a jury in favor of plaintiff and against said defendant alone, in which damages were awarded for injuries sustained by plaintiff when he stumbled and fell over a concrete curbing between a sidewalk in the city of Ukiah, Mendocino County, California, and an adjoining parking lot. The trial court held that there was no liability on the part of defendant Bank of America and said defendant is not involved in this appeal.

Appellant owns a building in the city of Ukiah which fronts to the west on School Street. The lot or strip of land on which it sets runs in an easterly and westerly direction the full width of the block terminating at its easterly end on State Street which is also United States Highway 101 through Ukiah. The building occupies only the westerly portion of

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the lot, leaving the easterly portion free of any structure. This easterly portion is covered with concrete, and is used as a parking lot, which borders along State Street for a distance of 90 feet. Marking the northerly and southerly 20-foot portions of the boundary line between this lot and the sidewalk on State Street there are concrete curbings about 6 inches high, 6 inches wide and of the same general color as the concrete surrounding. On the center 50 feet of the boundary line between these curbings the concrete covering of the lot is flush with the sidewalk and is used as a means of ingress and egress for automobiles using the parking lot. Iron pipe posts are set in or near the ends of the concrete curbing on each side of this 50-foot opening and at times a chain is stretched across to prevent the passage of automobiles. Automobile parking spaces have been marked off by painting white parallel stripes on the two opposite sides of the lot between the concrete curbings and the rear line of the building so that automobiles using the lot are parked side by side along the north and south sides between these curbings and a line along the rear of the building.

The southerly portion of the building on the lot is occupied by the Bank of America and the northerly portion by Berman’s Haberdashery Store. As rear openings from this building a double door leads from the Bank of America and a single door from Berman’s store onto the parking lot. Above the latter is a fairly large and rather ornate sign reading “Berman’s.” Also at prominent and easily viewable places on the parking lot are rectagular white signs on which the following is printed in black letters: “For your convenience—30 minutes free parking—While banking—Bank of America.” “Free parking while banking, Bank of America customers only, users use it at their own risk.” “Bank of America customer parking.” Prior to the accident in question respondent had seen these signs and was aware that they were there.