Ingham

Ingham v. Luxor Cab Co.

Good Law
113 Cal. Rptr. 2d 587·2001 Cal. App. LEXIS 2005·2001 Daily Journal DAR 12123·93 Cal. App. 4th 1045·2001 Cal. Daily Op. Serv. 9718
Court of Appeal of CaliforniaNovember 15, 2001A093683California5,735 words

Opinion

Opinion

Kline, J.

Statement of the Case

Mary E. Ingham filed a complaint against respondent Luxor Cab Company alleging wrongful ejectment and intentional and negligent infliction of emotional distress. The trial court granted respondent summary judgment and denied appellant’s motion for reconsideration. We reverse.

Statement of Facts

Appellant is a 57-year-old woman who has suffered from diabetes since 1978. As a result, she experiences kidney failure requiring dialysis, diabetic neuropathy causing numbness and pain in her limbs and body, carpal tunnel syndrome, and depression requiring therapy. The dialysis treatments she received in 1997 and 1998 caused fatigue and stabbing shoulder pain, and made her bones brittle. Because she was physically unstable and suffered dizzy spells that caused falls, appellant needed a cane to stand or walk.

Appellant resided in San Francisco, on Hayes Street, between the cross streets of Clayton and Ashbury. On December 8, 1998, she had an appointment scheduled for 10:00 or 10:30 a.m. with Dr. Alcoury, a dentist whose office was located at 100 Buchanan Street in San Francisco, on the comer of Buchanan and Hermann. Appellant ordinarily would have traveled…

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