McGill

Defendants appeal from a judgment in a personal injury action, after jury trial, in favor of plaintiff in the sum of $10,000.

Question Presented.

Does the evidence show as a matter of law that defendants ' premises were not negligently maintained ?

Evidence.

Defendants own and operate a coffee shop on leased premises in Vallejo, known as Twins Coffee Shop. Adjacent to the building in which the coffee shop is operated is a small parking lot maintained by defendants for use of its patrons. About 3 feet out from the building is a bumper rail, leaving an asphalt paved area 2 between the bumper rail and the building. In this strip there is a faucet which protrudes between 4-5 inches above the ground, out 5-6 inches from the wall of the building. Plaintiff was engaged part time in the business of servicing insect vaporizers and had visited this café approximately six times before for that purpose. He testified that he had used this strip on “at least” one occasion before. About noon, on the day in question, he parked his car towards the rear of the building in the parking area close to the bumper rail, intending to service the vaporizer in the café. He went into the café by the…