Ulmer

Ulmer v. City of Los Angeles

Good Law
1968 Cal. App. LEXIS 2267·263 Cal. App. 2d 771·69 Cal. Rptr. 754
Court of Appeal of CaliforniaJuly 9, 1968Civ. No. 31679California1,109 words

Opinion

Lead Opinion

Bishop, J.

A summary judgment, entered upon defendant’s motion, was brought to us by plaintiff’s appeal. We find the support required for this “drastic” method of obtaining a judgment quite lacking, and we are reversing the judgment.

It appears that plaintiff and some companions were visiting Griffith Observatory in Los Angeles, on the evening of June 24, 1965, when, about 10 o’clock, they were advised that they should leave, as the place was about to be closed. They heeded the warning and while on their way to the parking lot, lights were suddenly extinguished. The plaintiff kept on her way and fell, with the standard consequences: she “was injured in *772 her health, strength and activity. ’ ’ The city takes the position that plaintiff has no cause of action against it: first, because it was under no legal obligation to furnish lights at the location where, and when, plaintiff needed them; and, secondly, because plaintiff was contributorily negligent in continuing on her way when she could not see.

Procedurally, the ease had progressed to the point where the plaintiff had a first amended complaint, filed December 15, 1965, to which the defendant city had filed an answer, setting up…

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