Hook
Hook v. Point Montara Fire Protection District
Opinion
Opinion
Molinari, J.
This is an appeal by the plaintiff from a judgment for the defendants, following a jury verdict, in a personal injury action. The sole question on appeal is whether the trial court erred in giving an instruction on assumption of risk. The attack is made upon the propriety of the giving of the instruction and not upon the correctness of its content.
The Record
The'following facts are undisputed: Plaintiff, Hook, was injured when she fell while entering through a door in a fire station maintained by the defendant fire district. She was entering said premises for the purpose of voting in a bond election conducted by the defendant school district. The voting place was in a room adjoining the fire station through which the voters were required to pass in order to gain access to such room. A walkway approaching said door had a step up of 3 inches. The floor level inside the fire station was 9 inches lower than the threshold. There were no signs posted warning of the 9-inch difference in level. At the entry door in question there was a sign with the words “Vote Here,” and below it an American flag. The plaintiff had never been in the fire station previous to this occasion.