Mays v. Disneyland, Inc.

MONROE, J. pro tem.

*

The plaintiff and appellant brought this action to recover damages for personal injuries alleged to have been suffered by him as the proximate result of a slip and fall on property known as Disneyland Park in Orange County in November 1955. Plaintiff alleged that he

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was on the property as a business invitee and that the defendant had negligently permitted "debris and foreign matter” to remain upon the surface of the premises, causing him to slip and fall. The defendant, Disneyland, Inc., in its answer denied generally the allegations of the complaint.

At the trial the parties stipulated that the matter first be tried with reference to liability and that the issue of damages be thereafter determined, in case liability was established. Accordingly, a jury was empanelled and evidence produced by both parties. The defendant moved for a nonsuit and later moved for a directed verdict, both of which motions were denied. The defendant also asked to be relieved from what was claimed to be an inadvertent admission at the pretrial hearing with reference to the status of the plaintiff upon the premises, which motion was likewise denied.

The ease was presented to the jury upon the issue of liability and the jury returned a verdict to the effect that defendant was liable. Thereafter a motion for new trial was filed by the defendant and was granted. The plaintiff has appealed. It is asserted by the plaintiff and appellant that the evidence was sufficient to support the verdict. It is also claimed that the defendant did not comply with the established procedure relative to motion for new trial and finally, that the motion for new trial was premature and that the court was without power to grant the same.

It becomes necessary to determine but one question upon this appeal. The parties having stipulated that the issues as to liability and as to damage be separately tried and determined, the trial was not completed until there had been a determination of both issues.

The appellant relies largely upon

City of Los Angeles

v.

Cole,