Berall v. Squaw Valley Lodge of Tahoe

[542]

SCHOTTKY, J.

Magdalena Berall has appealed from an adverse judgment in an action she brought to recover damages for injuries sustained when she fell in a corridor in one of the buildings which composed Squaw Valley Lodge.

On July 6, 1956, appellant was a paying guest at Squaw Valley Lodge, owned by respondent and located in Placer County. The lodge consisted of three buildings, a swimming pool, and a parking lot. Two of the buildings constituted dormitories for the accommodation of guests. The main building housed the dining room, lobby, bar and shops. All of the shops opened from a corridor. One wall of the corridor was white brick. The ski and other shops faced the 12-foot corridor described above. The shops had glass doors which also illuminated the corridor by whatever lighting there may have been inside the shops.

Appellant testified that she entered the corridor described above about 11 a. m., coming from the outdoors and the swimming pool, and that she was wearing a skirt and blouse and shoes with flat, large heels; that upon entering she was facing the beer garden

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that she sat down on one of the benches near the door for a few minutes; that she proceeded down two steps and then walked a distance of several feet; that at this point she fell straight forward; and that the floor upon which she fell was very wet.

Appellant further testified that in the lower level of the area of the hallway in which she was walking at the time of the fall there was not normal artificial lighting but there was diffused sunlight coming from the glass doors behind her.

There was conflicting testimony as to the nature of the floor surface in this corridor. Appellant testified that as she fell she observed what appeared to her to be round stones, and respondent’s agent testified that the surface was black asphalt tile.

Appellant also testified that it was so dark she could not find the ski store and was going straight ahead toward either the door that led to the beer garden or to the ski store. She could not see anything, only black and dark gray. Further, she testified that the artificial lighting was behind her and that she was going toward the darkness of the beer garden door which was closed.