Sala v. Christensen

WARNE, J. pro tem.* This is an appeal from a money judgment entered upon a jury’s verdict in a personal injury action.

It appears from the settled statement upon which this appeal is presented that the respondent sustained personal injuries when she stepped into an uncovered “crawl or access hole” on the premises of appellants’ motel. The uncovered crawl or access hole is located in a concrete slab on the west side of the motel unit, which respondent had, on the day of the accident, rented from defendants. This slab is approximately 2 feet wide and extends the full length of the building on its west side. On the other three sides of the building are concrete sidewalks approximately 3 feet wide. These sidewalks join the concrete slab to form a continuous flat surface which gave an appearance of the sidewalk extending completely around the building. However, on the west side, and in the so-called slab, are three “crawl” or “access” holes, which were open at the top. The crawl hole which caused respondent’s fall and resulting injury is only 25 inches south of the northwesterly corner of the building or approximately 5 feet south of the northerly edge of the sidewalk on the north side. This crawl or access hole apparently extends across the entire width of the slab and at its most westerly end is a little over 4 inches deep. It does not appear in the statement what its depth is at other points throughout its width. Extending along the entire length of the slab, and immediately adjacent thereto, is a well-packed gravel path leading from the motel unit in question to the motel courtyard. There was no direct illumination on the west side of the building. However, there was some light which came from the yellow lights above the unit doorways on each side of the [582]building and white overhead lights at intervals along the driveway to the north.

Between 3 and 4 on the afternoon of the day of the accident respondent rented two units at appellants’ motel, one for herself and one for an ill friend. After one of the appellants showed respondent the accommodations, they returned by foot from the unit which respondent rented for herself to the motel office by way of a gravel path adjacent to and on the westerly side of the building, said appellant leading the way. There were no signs or warnings prohibiting travel over the path by guests in the motel units or by the general public nor were there gates or other obstructions closing off the pathway from travel by guests, invitees or the general public nor had they been prevented from using the pathway.