Smith v. City of San Jose

Summary judgment was granted to respondent, defendant in an action for personal injuries. Appellant was run into from behind by a running seven-year-old girl while she was descending a backstage stairway in the San Jose Municipal Auditorium. The auditorium was owned by the city, but was being used by a light opera association for rehearsal of a play. The association paid no rent. (The association and the girl, Karen Kersey, were made defendants but are not parties to this appeal.) Appellant had brought her two children to the rehearsal, and was descending the stairs with them. She saw no one else on the stairway. About halfway down, the child ran into her.

Condition of the Property

Appellant’s first contention is that the property was negligently maintained. As to the condition of the property, exclusive of handrails, appellant admits in her deposition that the stairway was adequately lighted, that there was no unevenness of the surface, and that there was no slippery substance on the steps. Appellant argues that the statements made by plaintiff in her deposition could only be used at trial for impeachment; but this is not correct. Admissions against interest may be incorporated…