Graves v. Roman

MOORE, P. J.

Appellant sued to recover damages for injuries allegedly received while she was on the premises of defendants as invitee. A judgment of nonsuit was awarded and entered in favor of American Building Maintenance Company, and after a verdict had been entered in favor of plaintiff against defendants Roman, Glazer and Lindenbaum, the court pursuant to defendants’ motion entered judgment in their favor notwithstanding the verdict. The appeal is from the judgment of nonsuit and the judgment notwithstanding the verdict.

Appellant was severely injured when she caught her foot and fell to the floor upon leaving an elevator in the lobby of

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an office building owned by respondents Roman, Glazer and Lindenbaum. She testified that she rode down in the elevator after a visit to her physician on an upper floor; she proceeded out of the elevator and after taking one or two steps forward her toe kicked something which gave a metallic sound; this caused her to fall on her left hip and side.

The lobby floor was marble with linoleum pieces which were recessed in front of each of the elevators. The linoleum pieces were the width of the elevator doors and extended out from the elevators a distance of approximately 30 inches. A brass stripping bordered the linoleum which covered the space between linoleum and marble. The stripping was generally flush with the marble, but in some places in front of the elevator was raised a maximum of one-eighth inch above the adjacent linoleum.

Contending that the maintenance of such allegedly dangerous condition constituted negligence proximately causing her injuries, appellant instituted this action against the owners of the building and American Building Maintenance Company, the organization which supplied janitorial and elevator service to the premises. In pursuit of a reversal, appellant recites the proof of the height differential between the metal strip and the linoleum, of the carelessness on the part of respondents in maintaining and inspecting their building, of the failure of the manager and owners to do any maintenance work of any kind on the linoleum and metal stripping, and of their failure to look for defective conditions. Also, she contends that the day man never did look at or do anything with respect to the linoleum and metal stripping and that he never saw any maintenance work being done. Dr. Clegg, a tenant, testified that he was in the building daily but had never noticed any inspection or repairs of the linoleum.