Gerard v. Wilson Holding Co.

WILSON, J.

Defendant has appealed from a judgment in favor of plaintiff in an action brought by her for personal injuries. Appellant was the owner of a building which was divided into rooms and apartments, each of which was occupied by a tenant. Prior to the accident appellant had leased the entire building and the lessee in turn had leased one of the apartments on the ground floor to a Mrs. Van Dusen. In addition to the entrance which was used in common by all tenants of the building it had a side entrance leading to the driveway. The latter entrance was for the exclusive use . of the Van Dusen apartment and was not used by other tenants. The door from the apartment opened onto a narrow platform below which were two steps, then a platform wider than the first, followed by the bottom step. There was a guardrail at the outer edge of the upper platform but there was no rail on the outside of the steps or the lower platform. An electric light bulb was installed outside the door of the apartment and above the upper platform which was controlled by a switch inside the apartment.

On the evening in question respondent visited Mrs. Van Dusen in her apartment, arriving before it was dark and remaining until about 11 o’clock. She entered and departed by way of the side entrance. The light above the platform was unlighted and the entrance was dark at the time of her departure.

As respondent left the door of the apartment she stepped onto the upper platform and assuming that the guardrail extended down the steps reached for it and finding none lost her balance and fell from the top step.

Appellant contends that there was no evidence that it was negligent in any particular. Respondent was the invitee of the tenant Mrs. Van Dusen and as such she was entitled to the exercise of ordinary care on the part of the owner of the premises.

(Wade

v.

Buyers,

47 Cal.App.2d 168, 170 [117 P.2d 392] ;

Brown

v.

Pepperdine,

53 Cal.App. 334,

[555]