Hazelwood v. Gordon

ROTH, P. J. Florence Hazelwood appeals from a judgment entered upon verdict of a jury in favor of Paul Gordon and denial of her motion for a new trial.1 She had sued for damages suffered as a consequence of injuries incurred when she fell down a flight of stairs at the rear of a building on West Third Street in Los Angeles. The building was owned by respondent Gordon, and leased in part to appellant’s employer, California Western States Life Insurance Company (Company).

Appellant alleged respondent negligently constructed and maintained the rear staircase. Gordon denied negligence, alleged contributory negligence by appellant, and cross-complained against appellant’s employer.

At the time of her fall, appellant had been employed as a secretary by Company for about a year. The company’s offices were on the second floor of the building; respondent occupied the lower floor.

At about 5 p.m. on May 20, 1960, appellant left Company’s office carrying mail in her right hand, and a bank deposit in her purse which she carried on her left arm. She testified she walked to the top of the stairs. “When I stepped down I stepped, my whole foot was not on the step and apparently not enough of my foot was on the step to hold all my weight, because when I finally put my foot—my weight on the foot that was stepped down, it wasn’t there, and I went head first.”

Appellant fell against the stucco wall at her left, and then to the bottom of the steps, coming to rest with her feet still on the steps, her hip on the wide step at the bottom of the stairway, and her head against the tire of a car parked at the bottom of the stairs. She stated she injured her neck, back, both legs and one arm. She arose and walked about one block to a friend’s (who is a nurse) house and received first aid treatment. Thereafter, she saw a doctor. In the following two [180]weeks, she stayed home, except for visits to a hospital for treatment.

In July 1960 she was hospitalized for neck treatment, and also for an emotional upset. In May 1961, an examination revealed a small calcification in her neck, which was removed surgically. Her physician believed it was related to the fall.

• Three physicians testified on behalf of respondent. Dr. Johnson, from an examination of appellant made on July 5, 1961, found no residual trauma from her fall. Dr. Crowe, from an examination in December 1963, found no orthopedic residuals from the fall. Dr. Galland treated appellant in 1957 following an automobile accident and in April 1959 after a fall while skiing. In his opinion, the ealeiferous nodule in appellant’s neck, which was removed by her physician in May 1961, was not caused by her fall down the stairs.