Hairston v. Studio Amusements, Ltd.

DORAN, J. This action arose out of an injury sustained by the respondent while roller skating at appellants’ Hollywood Boiler Bowl on the evening of March 4, 1946. Plaintiff’s cause of action was predicated on allegations of negligence in failing to “secure sufficient or any supervision or protection for the plaintiff”; more specifically, in failing to have a sufficient number of guards present to prevent reckless skating by other patrons, and by reason of the failure of the guards present to take any action or precautions after respondent had fallen and lay helpless on the floor.

The dimensions of the appellants’ skating rink are 100 feet by 200 feet, and a central portion approximately 50x100 feet had been marked off for fancy skating and backward skating. However, there was evidence that, three weeks prior to respondent’s accident, the floor had been sanded and the [737]line separating the central portion had been obliterated. The number of skaters present on the floor at the time in question was variously estimated at from 250 to 398, and the number of guards then present was likewise variously placed at from two to four. The record discloses that, after skating for a time with respondent, the witness Janet Endelman saw the respondent lying on the floor approximately 10 or 15 feet from the rail on the south side of the rink. This witness testified that no guards or attendants came over there but that groups of people collected around respondent; that while the witness was kneeling beside plaintiff, a sailor, skating backwards, and apparently pursued by another skater, fell on top of Mrs. Endelman and the respondent. Mrs. Endelman testified that the respondent had been lying on the floor from three to five minutes before the crash, after which the floor manager came over and respondent was carried to the first aid room. Respondent’s injuries included a double fracture at the head and neck of the right femur which resulted in a permanent crippling and shortening of the leg; intense pain caused by the injury and by a metal plate inserted to hold the parts together, continuing at the time of trial some 16 months after the injury, and requiring a further operation. After trial by jury, a verdict was rendered in favor of respondent for $25,006.83, and the present appeal is from the judgment entered thereon. As noted in the respondent’s brief, there is no complaint that the amount of the verdict was excessive.

The appellants’ brief contains but three assignments of errors: (1) “The trial court committed prejudicial error in permitting an expert witness on behalf of respondent to testify as to what are the proper practices and safeguards for the protection of skaters”; (2) prejudicial error “in sustaining an objection to the hypothetical question propounded to (appellants’) expert witness”; and (3) prejudicial error in instructing the jury “that appellant did not assume the risk of reckless action of other skaters capable in the exercise of ordinary care, of being prevented by guards who were stationed upon the floor for the protection of the patrons.”