Hill v. Pacific Power & Light Co.
Hill v. Pacific Power & Light Co.
Opinion of the Court
This is an action for damages resulting from personal injuries which occurred while plaintiff was a business invitee in one of defendant’s offices. Defendant appeals from a judgment for plaintiff entered pursuant to a jury verdict.
The sole issue is whether there was sufficient evidence of defendant’s negligence to go to the jury. The facts will be stated in a manner as favorable to plaintiff as is justified by the evidence. Plaintiff entered defendant’s office and walked up to a counter to make a deposit for electric service. The counter was of ordinary height and its top overhung the side facing the customer by three-fourths of an inch to one inch. The side toward the customer was smooth except for narrow decorative wooden strips, vertically placed at regular intervals of about every two feet, which protruded to a point flush with the counter overhang. Plaintiff was leaning on the counter when it became necessary for her to turn to walk parallel with the counter to communicate with the person who was waiting upon her. As she did so she struck her knee against one of the decorative strips and dislocated her kneecap.
Defendant is charged with negligence in the following particulars:
“In maintaining a projection in the customer service counter which was hard to see and which would be struck by a passerby while at the customer service desk.
“In failing to warn plaintiff or others of the projection as aforesaid.”
The judgment of the trial court is reversed.
Reference
- Full Case Name
- HILL v. PACIFIC POWER & LIGHT COMPANY
- Cited By
- 3 cases
- Status
- Published