Rosenberg

Rosenberg v. Goldstein

Good Law
1966 Cal. App. LEXIS 932·247 Cal. App. 2d 25·55 Cal. Rptr. 306
Court of Appeal of CaliforniaDecember 7, 1966Civ. 30547California2,892 words

Opinion

Opinion

Lillie, J.

Plaintiff appeals from judgment in defendants’ favor entered upon a jury verdict in a personal injury action.

The Eisenberg family resided in a duplex owned by defendants, Irma F. and Sam Goldstein. Around 8 p.m. plaintiff Gertrude Rosenberg and her husband arrived in their automobile to visit the Eisenbergs. “ [Everything was light,” the street and porch lights were on and the automobile headlights were burning. Dr. Rosenberg parked at the curb in front of the duplex. Plaintiff alighted from the vehicle; standing by the car she saw Judy, daughter of the Eisenbergs, and said hello, then proceeded to walk across a narrow strip of lawn between the curb and sidewalk toward the duplex. She took two or three steps on the lawn when her foot “went into” a hole in the ground and became wedged under a sprinkler head causing her to fall onto the sidewalk sustaining injury. The strip of lawn was all grass and there was nothing to indicate the hole in the ground; the hole was not visible and was covered with grass. Dr. Rosenberg testified that the hole measured approximately “two and one-half to three inches deep” and was “kind of scooped out” and covered by grass.

On deposition Mrs.…

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