Maravilla v. Los Angeles Dodgers CA2/2

Filed 4/11/16 Maravilla v. Los Angeles Dodgers CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

FERNANDO MARAVILLA, B263602

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC507879) v.

LOS ANGELES DODGERS LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael J. Raphael, Judge. Affirmed.

Law Offices of Mifflin & Associates, Ken Mifflin for Plaintiff and Appellant.

Jerome M. Jackson for Defendant and Respondent.

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A patron suffered personal injuries when he slipped and fell at Dodger Stadium. The unrefuted evidence shows that the Dodgers lacked actual or constructive knowledge of a dangerous condition. We affirm the judgment in favor of the Dodgers. FACTS On September 3, 2008, Fernando Maravilla fell in an aisle during a game at Dodger Stadium. He filed this action on May 3, 2013. The Dodgers moved for summary judgment, noting inconsistencies in Maravilla’s story about what occurred, with respect to where he was seated and where he was walking (or standing) when he fell. Maravilla testified that there was a clear peanut bag containing shells, an ice cream cup and a bottle of water “in plain view” and “easy to see” on the stairs. He agreed that “nothing was hiding it” and “anyone could have seen it.” Maravilla opined that the foodstuff was there “a long time” because he arrived at the game during the seventh inning. He agreed, however, that he did not actually know how long the food was laying on the ground. He did not see himself step on a bag containing food items, and no one told him that he did so; rather, he looked up after his fall and saw the items there. Lon Rosenberg, the Dodgers’ vice-president of operations in 2008, was responsible for stadium maintenance. He declared that the stadium is swept and hosed down after each game to remove all debris and foreign matter. Rosenberg and his staff conduct a “walk through” to assure that all seating areas, aisles and walkways are clean, safe and free from hazards. Ushers reinspect the areas under their supervision before the gates open. Once the gates open, “four separate groups of employees were charged with inspecting the premises constantly”: (1) ushers; (2) security officers; (3) off-duty law enforcement officers; and (4) a team of maids and porters. These individuals walk down the aisles during the game, looking for spills or substances that would create a hazardous condition. If a hazard is observed, the maids or porters immediately remove and clean up any spill. Rosenberg had “no recollection of any report of foodstuffs, foreign matter, or liquids being spilled” in the area where Maravilla had seats on the evening of September 3, 2008, and no reason to believe that there was a spill there.