414 P.2d 657 (Colo. 1966), 21144, Celebrities Bowling, Inc. v. Shattuck

• Docket Nº: 21144.
• Citation: 414 P.2d 657, 160 Colo. 102
• Opinion Judge: PRINGLE, Justice.
• Party Name: CELEBRITIES BOWLING, INC., a California corporation, Plaintiff in Error, v. Opal M. SHATTUCK, Defendant in Error.
• Attorney: Sheldon & Nordmark, Joseph C. Jaudon, Jr., Denver, for plaintiff in error., Vincent Cristiano and Robert Bugdanowitz, Denver, for defendant in error. [160 Colo. 103] Sheldon & Nordmark, Joseph C. Jaudon, Jr., Denver, for plaintiff in error.
• Judge Panel: DAY and McWILLIAMS, JJ., concur.
• Case Date: May 23, 1966
• Court: Supreme Court of Colorado

Page 657

414 P.2d 657 (Colo. 1966)

160 Colo. 102

CELEBRITIES BOWLING, INC., a California corporation, Plaintiff in Error,

v.

Opal M. SHATTUCK, Defendant in Error.

No. 21144.

Supreme Court of Colorado

May 23, 1966

Page 658

[160 Colo. 103] Sheldon & Nordmark, Joseph C. Jaudon, Jr., Denver, for plaintiff in error.

[160 Colo. 104] Vincent Cristiano and Robert Bugdanowitz, Denver, for defendant in error.

PRINGLE, Justice.

Plaintiff, Opal M. Shattuck, brought this action to recover damages from the defendant, Celebrities Bowling, Inc., for injuries which she sustained as a result of a fall down a flight of stairs located on defendant's property. The parties will be referred to as plaintiff and defendant.

The record discloses that plaintiff entered the area of defendant's enclosed swimming facility in order that she might watch other members of her family swim. Plaintiff, accompanied by her daughter, gained access to a balcony area overlooking the pool. From this point, the two women intended to make their way down the flight of stairs in question and thence to a spectator's section which would give them a clearer vantage point of the pool. These were the only stairs available to anyone desirous of gaining access to the spectator's section.

It appears from the testimony that the stairs were constructed of concrete with a roughened or brushed surface. The dimensions of the steps indicated that they were 5 1/2 feet long, 18 inches in width and had risers approximately 5 or 6 inches. Constant traffic had caused the middle portion of each step to be worn smoother, at least in some degree, than the rest of the step. Furthermore, the swimmers also made use of the stairs in order to reach the refreshment bar located on the balcony with the result that certain amounts of water were left on the stairs. Neither hand rails, non-slip treads nor warning signs were employed by the defendant in connection with the stairs.

Before plaintiff descended the stairway, she noticed that the steps were wet, although they did not appear [160 Colo. 105] to be slick. Plaintiff was careful to pick her way down the stairs so that she did not step in any of the water puddles, but rather only on an area of the step that was damp. As plaintiff stepped on the second step, her foot went 'out from under her' and she fell, breaking her ankle.

Plaintiff thereafter brought suit against...