DeSuza

Plaintiff Christy P. Bronson DeSuza sought damages for personal injuries from defendants Kathleen. Andersack and Robert and Mae Selleck, arising out of a motorcycle-automobile collision. These named defendants moved for summary judgments shortly before trial, and the judgments were granted. Plaintiff Christy having died, plaintiff Beatrice E. DeSuza, as administratrix of Christy’s estate, has appealed. The appeal as to the Sellecks has been dismissed. Our review, therefore, concerns only plaintiff’s appeal from the summary judgment entered in favor of defendant Andersack.

Defendant’s moving papers consisted for the most part of deposition testimony of four persons, including herself. On June 20, 1971, defendant and her husband George had spent some time at their vacation home near Perris, California. The couple stopped at the Good Hope Cafe, about a mile and a half away, to eat and pick up some eggs before leaving for Los Angeles. The cafe was operated by Kenneth and Joan Harmon, friends of the Andersacks. After arriving at the cafe, defendant remembered that she had left some apricots behind at her vacation home. After discussion and at the suggestion of Mr. Harmon, it…