Neinstein

Neinstein v. Los Angeles Dodgers, Inc.

Good Law
185 Cal. App. 3d 176·1986 Cal. App. LEXIS 1998·229 Cal. Rptr. 612
Court of Appeal of CaliforniaSeptember 5, 1986B018119California2,556 words

Opinion

Opinion

Compton, J.

Plaintiff Shirley Neinstein attended a baseball game at Dodger Stadium. She occupied a seat on the first base side in an unscreened area. During the course of the game she was struck by a batted ball. She subsequently instituted this personal injury action, alleging that defendant was negligent in failing to protect her against such an occurrence. The trial court granted defendant’s motion for summary judgment. This appeal follows. We affirm.

The rules governing adjudication of a motion for summary judgment are well known. In making its determination, the trial court may rely on “affidavits, declarations, admissions, answers to interrogatories, depositions and matters of which judicial notice shall or may be taken” (Code Civ. Proc., § 437c), and may also draw reasonable inferences from the facts before it. (Michael R. v. Jeffrey B. (1984) 158 Cal.App.3d 1059, 1065 [ 205 Cal.Rptr. 312 ].) All reasonable inferences are drawn in favor of the party opposing the summary judgment (Rubio v. Swiridoff (1985) 165 Cal.App.3d 400, 403 [ 211 Cal.Rptr. 338 ]); however, that party has the burden of showing that triable issues of fact exist. (Osmond v. EWAP, Inc. (1984) 153 Cal.App.3d…

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