Massing v. Babcock

YORK, P. J. This is an appeal by defendant Los Angeles National Farm Loan Association from a judgment awarding damages to plaintiff on account of personal injuries alleged to have been sustained by her when she fell on the sidewalk as she emerged from the entrance to premises oceupiéd by said defendant. An appeal is also taken from “the ruling of the court upon the motion for a new trial made upon October 29, 1943, which motion was' decided in favor of the plaintiff on said date.”

The premises in front of which respondent fell are located at 2319 Huntington Drive, San Marino, California, and consist of a one-story building. In front of said building is a five-foot cement sidewalk which was laid before the building was constructed. The north edge of this sidewalk is parallel with and 30 inches equidistant from the front line of the building. When the building was constructed said 30-inch strip, which runs along the entire front of the building, was laid with cement and converted into an additional sidewalk. However, the floor level of the building being approximately four inches higher than the level of. the five-foot cement sidewalk, the 30-inch strip has a gradual slope upward from said sidewalk to the building. Ten days before the accident occurred drill- holes or marks had been made by an officer of [754]the association with a Star drill in the cement ramp or incline, “from the top of the incline to the bottom of the incline.”

On August 26, 1942, respondent Jennie Massing, accompanied by her son, Louis Massing, went to the office of appellant to obtain information respecting a parcel of real estate for the purchase of which said respondent was negotiating and against which appellant held an incumbrance. Because respondent’s son, Louis Massing, was employed, the Massings were unable to call at appellant’s office during business hours, and by previous telephonic arrangement, they arrived there at about six o’clock in the afternoon of the day mentioned, for a conference with Mr. Mann, secretary-treasurer of appellant association. The Massings waited for about forty-five minutes for Mr. Mann, who lived near by, and upon the latter’s arrival he opened the office door from the inside and the Massings entered the office. After half or three-quarters of an hour the Massings prepared to leave: Mr. Massing opened the door for his mother, who preceded him through the doorway. She took a step and then took a second step when she slipped and fell on the slope or incline. Mr. Massing called to Mr. Mann for help and, according to Mr. Massing’s testimony, Mr. Mann came out “stood there a second, and he took one look at her and he said, ‘My God, I was afraid something like this would happen.’ And between the two of us, we carried her back to the office and sat her in a chair.” Mr. Mann called a doctor at the request of Mr. Massing, and the doctor took respondent to his office. Upon examination it was found that respondent had sustained a bimalleolar fracture of the right ankle with outward and lateral displacement of the ankle joint.