Milton

Montgomery Ward & Co. (hereinafter appellant) appeals from a judgment in favor of Lewis F. Milton (hereinafter respondent) for injuries suffered in a fall on appellant’s premises.

Respondent was injured on March 22, 1967, at appellant’s store where he had gone to have his automobile’s front wheels balanced. He drove to the parking lot outside the Auto Service Center and went into the store to see the service manager with whom he had previously dealt. The service *136 manager instructed respondent to drive his car to a location indicated by an attendant, and then to proceed to the customer waiting area.

Respondent drove his car into position as directed by the attendant, and he left his car for the purpose of going to the customer waiting area. He closed the car door and somewhere between his fourth and sixth step after he exited from the car, he stepped on some transparent grease or gear oil which was on the floor. As a result, respondent slid towards a bench, grabbed at a barrel for support, and ended up striking his lower back on a tire demounting device and hitting his head on the bench.

While respondent was on the floor, he heard appellant’s service manager say:…

I concur in the result, because after reviewing the entire record I conclude that there has been no miscarriage of justice. (Cal. Const., art. VI, § 13.) I cannot, however, subscribe to the majority’s implied approval of the trial court’s ultraliberal reaction to plaintiffs failure to respond to defendant’s requests for admission. It is apparent that neither the trial court, nor this court, can accept that section 2033, subdivision (a) of the Code of Civil Procedure means what it says. It obviously goes against everyone’s sense of justice to hold that by failing to deny request 9, plaintiff had admitted away the lion’s share of his case as far as damages are concerned.

If neither the bar nor the bench can live with section 2033, it might perhaps be wise if the Legislature and the Law Revision Commission took another look at its provisions.

For present purposes, I am satisfied that defendant went to trial prepared to meet the issues which plaintiff had admitted away, and that no prejudice has been demonstrated.

Concerning the instruction based on language in Touhy v. Owl Drug Co., 6 Cal.App.2d 64 [ 44 P.2d 405 ]: by lifting language from that opinion, never intended for the…

Montgomery Ward & Co. (hereinafter appellant) appeals from a judgment in favor of Lewis F. Milton (hereinafter respondent) for injuries suffered in a fall on appellant's premises.

Respondent was injured on March 22, 1967, at appellant's store where he had gone to have his automobile's front wheels balanced. He drove to the parking lot outside the Auto Service Center and went into the store to see the service manager with whom he had previously dealt. The service manager instructed respondent to drive his car to a location indicated by an attendant, and then to proceed to the customer waiting area.

Respondent drove his car into position as directed by the attendant, and he left his car for the purpose of going to the customer waiting area. He closed the car door and somewhere between his fourth and sixth step after he exited from the car, he stepped on some transparent grease or gear oil which was on the floor. As a result, respondent slid towards a bench, grabbed at a barrel for support, and ended up striking his lower back on a tire demounting device and hitting his head on the bench.

While respondent was on the floor, he heard appellant's service manager…