Hazelwood

Florence Hazelwood appeals from a judgment entered upon verdict of a jury in favor of Paul Gordon and denial of her motion for a new trial. 1 She had sued for damages suffered as a consequence of injuries incurred when she fell down a flight of stairs at the rear of a building on West Third Street in Los Angeles. The building was owned by respondent Gordon, and leased in part to appellant’s employer, California Western States Life Insurance Company (Company).

Appellant alleged respondent negligently constructed and maintained the rear staircase. Gordon denied negligence, alleged contributory negligence by appellant, and cross-complained against appellant’s employer.

At the time of her fall, appellant had been employed as a secretary by Company for about a year. The company’s offices were on the second floor of the building; respondent occupied the lower floor.

At about 5 p.m. on May 20, 1960, appellant left Company’s office carrying mail in her right hand, and a bank deposit in her purse which she carried on her left arm. She testified she walked to the top of the stairs. “When I stepped down I stepped, my whole foot was not on the step and apparently not enough of my foot was…