Brizendine v. Visador Company

437 F.2d 822 Susan D. BRIZENDINE, by her Guardian, David W. Brizendine, Appellee, v. VISADOR COMPANY, a Texas corporation, and Pittsburgh Plate Glass Company, a Delaware corporation, Appellants. No. 25208. United States Court of Appeals, Ninth Circuit. Dec. 29, 1970. LaMar Tooze, Jr. (argued), of Stephen R. Frank, E. Richard Bodyfelt, Tooze, Powers, Kerr, Tooze & Peterson, Portland, Or., for appellants. Carl G. Helm (argued), La Grande, Or., Edwin J. Welsh (argued), Portland, Or., for appellee. Before HAMLEY and WRIGHT, Circuit Judges, and LINDBERG, District judge. * HAMLEY, Circuit Judge: 1 After a non-jury trial in this diversity action to recover damages for personal injuries, the district court granted judgment for plaintiff Susan D. Brizendine and against Visador Company (Visador), and Pittsburgh Plate Glass Company (PPG). PPG alone appeals. 2 On the night of November 12, 1964, Susan and other high-school age parishioners of First Christian Church, La Grande, Oregon, were standing in the lobby of the church prior to the commencement of a church youth group meeting. Susan was standing near the doorway to the lobby. When one of the boys arrived and attempted to open the…