Munroe v. Silvers

FOX, P. J.

This is an action for personal injuries. Judgment was rendered for defendants. Plaintiff has appealed.

On January 17, 1955, and for some years prior thereto, defendant Silver operated The City Drug Company, on Colorado Boulevard, in Pasadena. He did not, however, own the building. The entrance from Colorado Boulevard was through two swinging doors, the westerly of which was kept in a stationary position during the winter season. At approximately 5:40 p. m. on the above date, plaintiff sought to enter the drug store for the purpose of making a purchase. At that moment another person was coming out of the store through the east door. As the door was pushed outward, plaintiff stepped aside to the east until the other person cleared the exit. Then, according to plaintiff, she placed her right hand on the metal plate on the outside of the swinging door and followed the door inward for the purpose of entering the store. The door had considerable momentum because it had been pushed so far outward by the person who had just left. As a consequence, the door moved so fast that plaintiff’s hand lost contact with it. Plaintiff further explained that the swinging door then hit the other door, which was stationary, bounded back and that her right index finger was caught between the swinging and stationary doors, causing a comminuted fracture. Plaintiff extracted her finger by pushing the swinging door inward.

Plaintiff’s theory is that a dangerous condition existed in the operation of these doors which could have been discovered by the exercise of reasonable care; that Silver failed to exercise such care; and that her injury was the proximate result of such failure on his part.

Silver, however, testified,

inter alia,

that the door “. . . swung freely. It opened in and out.” And that nothing “untoward” happened when other customers had used it. He also explained that he inspected the doors every year and oiled them on these occasions; that he had “checked them a week before the accident” (this being the once-a-year time that he oiled them) and “found them to be in perfect condition.”

[802]

Written findings of fact and conclusions of law were waived. But in rendering judgment for defendants the trial court stated: “I cannot find from the evidence that the reasonably prudent person, maintaining a store in a safe condition for customers who were business invitees, would have done any more than the defendant, Silver, did. ...” That is to say, the court found no negligence on the part of defendants. (The court added: “The only way that I can possibly explain this accident is that this lady got her finger in between the doors by her own act of contributory negligence.”)