Mattox v. Isley

[776]

MOORE, P. J.

Howard Mattox, 3 years and 10 months of age, accompanied by his parents attended the theater of appellants on the evening of July 12, 1950. Although the auditorium had been opened at 6 :45 p. m., the trio did not arrive until a few minutes after 7 o’clock. After entering they hesitated for a few moments at the head of the aisle for an usher to serve them. None appearing, they went forward and chose seats in the 17th row from the rear. The father occupied the fifth chair from the aisle, the mother sat in the fourth, and Howard next to her. The two seats to his right and the one directly in front of the child remained unoccupied throughout the evening.

About an hour after their arrival Howard fell to the floor, cried and screamed loudly. His mother gathered him into her arms and rested his head upon the father’s lap. She promptly discovered blood running down her arm and speedily rushed the child to the lobby where, it was found, a gash had been cut across the bridge of his nose. No physician being at once available, the parents transported the child to a nearby emergency hospital where an antitetanus remedy was administered and the cut was sutured with seven stitches. The child was then removed to his home.

Mr. Mattox returned to the theater where, after the programmed films had been completed, he and Mr. Rock, assistant manager, undertook to locate the spot where Howard had fallen in order to determine the instrumentality that had caused the wound. Having failed of his purpose then he and Mrs. Mattox returned to the theater on July 19 to inspect the chairs again but found

no change in their condition.

However, with the advantage of daylight they reexamined the third seat from the aisle in the 18th row and found its wooden back pushed forward out of line and the metal band which had connected it with the adjoining chair protruding into the aisle, so that a sharp edge extended out about 20 inches from the floor. Further inspection disclosed many other seats throughout the theater suffered the same defect. The same observation had been made by Mr. Rock repeatedly after his inspections of the theater.

The protruding band is, normally, bolted to the back of the adjoining seat and at its center is secured to the “seat standard,” which is a metal frame between the seats and is anchored to the concrete floor. The seat standard serves as a frame and support for the seat on either side and as the base for the armrest between the seats.