Marshall v. Lyon

California Court of Appeal Feb 4, 1947 No. Civ. 15463Published

Before: McCOMB

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Holding. The court held that the trial court properly admitted into evidence and instructed the jury on city building code ordinances regarding ramp specifications, as the ramp in question constituted an 'exit' under the code. The evidence supported the jury's finding of negligence based on the defendants' failure to comply with the ordinance's slope requirements.

Issues

Whether the trial court erred in admitting into evidence and instructing the jury on city building code ordinances.
Whether the ramp used by the plaintiff constituted an 'exit' subject to the requirements of the city building code.
Whether the evidence supported a finding of negligence based on non-compliance with the building code's ramp slope requirements.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The fact that it might also be used as an entrance or way into the store would not destroy its character as an exit.”

“The evidence that the slope of the ramp was twelve and three-eighths inches in a distance of seven feet four inches supports the jury’s implied finding that defendants were negligent in not complying with the provisions of section 3310”

McCOMB, J.

From a judgment in favor of plaintiff after trial before a jury in an action to recover damages for personal injuries received when plaintiff fell on a ramp appurtenant to a market operated by Gertmenian and owned by defendants Lyon, defendants appeal.

The facts are these:

Defendants Lyon owned a market building in the city of Monrovia of which their codefendant was the lessee and in which he operated a public market. The market building is located on the west side of Myrtle Avenue, a street lying north and south. The street sloped downhill from north to south at the point where the building is situated. The floor of the market is above the level of the sidewalk on the west

[907]

side of and paralleling Myrtle Avenue, and the descent from the floor to the sidewalk is made by means of a cement ramp. Due to the north to south grade of Myrtle Avenue the floor of the market at its northermost side is very slightly above the sidewalk while at the southermost side it is at least a foot and a half or possibly two feet above the sidewalk. At a position six feet north of the most southerly side of the building the market floor level is about-twelve and three-eighths inches above the sidewalk level. The length of the ramp from the floor of the market to the sidewalk is seven feet four inches. Thus at a point six feet north of the most southerly side of the building the slope of the ramp was twelve and three-eighths inches in seven feet four inches.

On November 21, 1944, plaintiff, after having purchased merchandise in the market, prepared to leave the store. At a point six feet north of the most southerly side of the building she stepped onto the ramp. As she placed her right foot on it she started to slide down and being unable to regain her balance, she fell and received serious personal injuries. It is conceded that there was no foreign substance on the ramp. It was constructed of more or less smooth cement.

There was received in evidence, over objection, portions of the Uniform Building Code adopted by the city of Monrovia as an ordinance and in effect at the time of the accident. The pertinent portions of such code received in evidence are as follows:

Section 1104; “Stairs and exits shall be provided as specified in Chapter 33.”

Marshall v. Lyon

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