Kraus v. Walt Disney Productions, Inc.

KINGSLEY, J.

Access to the production lot of defendant studio is by means of a gate or turnstile. This turnstile resembles the ordinary revolving door, except that, instead of the usual glass panels, each panel or segment is composed of a series of metal bars. The gate is controlled by a button in the casting office, which button, when pushed, activates an electric current which releases a dog or catch. When the button is released, the dog reengages, stopping the rotation of the gate. The evidence indicates: (a) that, in order to permit access, the control button must be kept depressed during the full period while a user passes through the gate; (b) that, occasionally, after use, the gate would stop midway between the engaging points for the catch, so that the gate could be moved, without activity by the controller, for approximately one-sixth of a full circle, after which it would be stopped by the catch; and (c) that, when the catch engaged, the gate, because of “play,” would rebound between 3 inches and a foot.

Plaintiff’s minor daughter was engaged by defendant studio as an actress. Because of the daughter’s minority, the presence of plaintiff with her daughter on the studio lot was required. Admittedly, plaintiff held the status of a business invitee, with all of the rights, duties and privileges which that status created between her and the defendants.

On the morning of August 29, 1959, the daughter was due to report at the studio for work at 7:30 a.m. The record indicates that they were a few minutes late and that the daughter entered the premises, using the turnstile, ahead of the mother, who had stayed behind to park her automobile. After securing a pass or voucher from the casting office, the

mother

approached the turnstile and started to pass through

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it. Under circumstances hereinafter discussed, she either ran into the metal bars, or was struck by them when the gate was unexpectedly stopped by reason of premature release of the control button. She sustained injuries for which the present action was brought, naming as defendants the corporate defendant and the employee who had controlled the turnstile. After a trial before a jury, the jury returned a verdict for defendants. A motion for new trial was denied and the present appeal followed.