Gray

Gray v. America West Airlines, Inc.

Good Law
1989 Cal. App. LEXIS 266·209 Cal. App. 3d 76·256 Cal. Rptr. 877
Court of Appeal of CaliforniaMarch 29, 1989D008485California4,011 words

Opinion

Opinion

Huffman, J.

In granting separate motions for summary judgment brought by defendants America West Airlines, Inc. (America West) and the San Diego Unified Port District (Port District), the trial court ruled America West had no duty to protect against or warn of certain negligent conduct by third persons on its leased premises, and Port District’s public property did not harbor a dangerous condition as alleged. Plaintiff Twila Kay Gray appeals, contending several factual issues remain to be resolved before rulings on these issues of law may properly be made. We affirm the judgments, holding the trial court correctly performed its function by ruling upon the motions as matters of law, recognizing no further factual showings were necessary.

Factual and Procedural Background

Mrs. Gray, a ticketed passenger on an America West flight, arrived at the airport an hour before flight time and went to the check-in counter with her grandson Byron, who was carrying her luggage. She waited in a roped-off line for her turn to check her luggage and receive her boarding pass, and stepped forward when directed to do so. Byron gave her luggage to the counter clerk and left the counter without…

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