Davis

Davis v. City of Pasadena

Good Law
1996 Cal. App. LEXIS 113·42 Cal. App. 4th 701·50 Cal. Rptr. 2d 8·96 Daily Journal DAR 1580·96 Cal. Daily Op. Serv. 970
Court of Appeal of CaliforniaFebruary 9, 1996B083447California1,432 words

Opinion

Opinion

Zebrowski, J.

Plaintiffs are Mr. and Mrs. Davis. Mrs. Davis fell while descending an outdoor stairway at the Pasadena Convention Center.

The stairway consists of two sections of steps, both starting up from a patio-type area outside an entrance/exit. Viewed from the patio, one section of typical steps rises directly in front, and another section of typical steps rises to the left. The bottom step of the section directly in front meets the bottom step of the section to the left at a right angle. Each higher step of each section also meets the corresponding step of the other section at a right angle. Along the line where the individual steps from the two sections converge is a handrail. Since the handrail follows the line where the steps converge, the handrail rises diagonally.

Plaintiffs sued the City of Pasadena on the theory that steps converging at a right angle with a handrail along the line of convergence create a substantial risk of injury and hence constitute a dangerous condition of public property. The city moved for summary judgment. The trial court granted the motion, ruling as a matter of law that steps converging at a right angle with a handrail along the line of…

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