Jamison

Jamison v. Mark C. Bloome Co.

Good Law
112 Cal. App. 3d 570·169 Cal. Rptr. 399·1980 Cal. App. LEXIS 2483
Court of Appeal of CaliforniaNovember 25, 1980Civ. 57649California3,557 words

Opinion

Opinion

Potter, J.

Plaintiffs April Jamison and Tranessa Oliver appeal from a judgment for defendant Mark C. Bloome Company, Inc., after defendant’s motion for nonsuit was granted.

The complaint sought damages for personal injuries sustained when plaintiffs slipped and fell on the sidewalk adjacent to defendant’s premises which “were used for the purpose of servicing automobiles.” The complaint alleged that the proximate cause of the accident was defendant’s negligence in allowing oil to flow from said premises onto the sidewalk.

The evidence in behalf of plaintiffs was adequate to show that the plaintiffs did slip and fall in oil which had flowed from defendant’s premises onto the sidewalk. The accident occurred in the evening hours after the close of defendant’s business operations. The source of the oil wafc two 55-gallon oil drums used for the storage of waste oil. They had been overturned and emptied. There were four such barrels in which the waste oil was collected so that it could be periodically collected and recycled. The four drums were stored outside of a service building on a bed of gravel encased by a two by four wood frame. The day following the accident, two of the four…

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