Ralph v. Clifton's Brookdale, Inc.

DORAN, J. In this action for damages for personal injuries alleged to be the result of defendant’s negligence and [575]tried before a jury, a motion for nonsuit was granted; from the judgment that followed plaintiff appeals.

It is contended on appeal that plaintiff “introduced sufficient evidence to make out a prima facie case,” hence, the court erred in granting defendant’s motion.

The evidence introduced by plaintiff shows, in support of appropriate allegations in the complaint in substance to the same effect that, defendant operated a cafeteria or restaurant in Los Angeles; that in the basement was operated an attraction known as “Garden of Gethsemene” to which patrons of the restaurant were invited; pamphlets were distributed to customers for such purpose; the display was located in three adjoining rooms described in appellant’s brief as follows:

“The area in which the said spectacle was operated by defendant consisted of a stairway reaching from the main level of the restaurant to a lower level, a first room, known as the ‘Room of the Weavers,’ a second room known as the ‘Grotto of the Rock,’ and the third room known as the ‘Garden of Gethsemene. ’ The three rooms are so arranged that the invitee enters and passes thru the rooms in the order named. The Garden of Gethsemene’ or last room of the series, houses the feature attraction of the exhibit, a statue of the Christ, located opposite and to the right of the entrance. The construction of the three rooms is of a nature to simulate stone throughout, including floors, benches or seats, and steps. Opposite to the figure of the Christ, and slightly to the left of the entrance to the said room is a narrow raised area, approached by means of two steps up from the level of the floor of the room, known as the ‘Meditation Grotto.’ The steps leading to the said ‘Meditation Grotto’ are constructed of, or in a manner to simulate, stone, and are irregular in that (a) the edge of each tread, over the riser, is irregular in contour, rather than a straight edge, and (b) each tread is deeper on the side to the left ascending, this feature being particularly emphasized in the second step up from floor level, which tread is approximately twice as deep on the left side as on the right side of said tread and (c) although the steps aforesaid constitute a part of the entrance to the ‘Meditation Grotto’ which extends ahead and somewhat to the left of the said steps the excess depth of the tread is on the inside of the curve to the left (or left hand side ascending), rather than on the outside (or right hand side ascending).”