Marian Spector, a Single Woman v. El Ranco, Inc., a Nevada Corporation

In this action appellant sought to recover damages from appellee El Raneo, Inc., hereafter generally referred to as the Hotel, and one Herbert Graham, an employee thereof, because of injuries suffered while a guest of the former. The case was tried to a jury, which returned a verdict in favor of the Hotel.

It appears that there was a wash pool in the vicinity of a concrete walkway leading to a dining room of the Hotel, and it was the latter’s practice each morning to have the walkway washed down. On appellant’s way to the dining room she slipped and fell in one of the puddles on the pavement, injuring herself and aggravating an existing heart condition. From appellant’s own testimony it is clear that she was aware that the walkway was wet and that she saw the puddles and was carefully attempting to walk between them at the time of her fall.

In addition to appellee El Raneo, appellant had named as defendants a series of fictitious persons, Does and Roes, alleged to be unknown to her. In the course of the proceeding it was stipulated that the above named Graham be made a party defendant, and an alias summons was thereafter served upon him. The order on Pre-Trial Confer ence which…