Edmonds, Inc. v. Vojka, 18036

• Decision Date: 02 April 1964
• Docket Number: No. 18036,18037.,18036
• Citation: 118 US App. DC 109,332 F.2d 309
• Parties: EDMONDS, INC., Appellant, v. Marie F. VOJKA et al., Appellees. McPHERSON BUILDING CORP., Appellant, v. Marie F. VOJKA, Appellee.
• Court: U.S. Court of Appeals — District of Columbia Circuit

118 US App. DC 109, 332 F.2d 309 (1964)

EDMONDS, INC., Appellant, v. Marie F. VOJKA et al., Appellees.

McPHERSON BUILDING CORP., Appellant, v. Marie F. VOJKA, Appellee.

Nos. 18036, 18037.

United States Court of Appeals District of Columbia Circuit.

Argued January 31, 1964.

Decided April 2, 1964.

Mr. John F. Mahoney, Jr., Washington, D. C., with whom Messrs. Charles E. Pledger, Jr., and Daniel M. Head, Washington, D. C., were on the brief for appellant in No. 18036.

Mr. Denver H. Graham, with whom Mr. Albert E. Brault, Washington, D. C., was on the brief, for McPherson Building Corp., appellee in No. 18036 and appellant in No. 18037.

Mr. Arthur S. Feld, Washington, D. C., with whom Messrs. Joseph D. Bulman and Sidney M. Goldstein, Washington, D. C., were on the brief, for appellee Vojka.

Before FAHY, WASHINGTON and BASTIAN, Circuit Judges.

FAHY, Circuit Judge.

Marie F. Vojka sued Edmonds, Inc., and McPherson Building Corporation, for damages due to injuries suffered in a fall in an office building owned by McPherson¹ and in which Edmonds, an optical company, had offices on the first and second floors. She went to Edmonds, on the second floor, for photographing of her eyes. After this was done she proceeded toward the first floor by a stairway, and in thus descending she fell. Her complaint alleges that the fall was caused by the dangerous and defective condition of the stairs maintained by McPherson, and also by Edmonds' negligence in directing her over a dangerous path in the building when a safer way was available. The case was tried before a jury, which returned a verdict against both Edmonds and McPherson, reduced to a money judgment by the court.

Edmonds sought exoneration or indemnification from McPherson, which was denied. McPherson sought contribution from Edmonds, which was granted.

In No. 18036 Edmonds appeals from the judgment against it and also from the order denying indemnification from McPherson. In No. 18037 McPherson appeals from the judgment against it. Vojka is appellee in both appeals, and McPherson is also an appellee in No. 18036 insofar as the order disallowing indemnification is concerned.

No. 18036. As hereinafter explained we reverse the judgment against McPherson. It follows that we must also reverse the judgment against Edmonds, for the finding by the jury of negligence on Edmonds' part is interwoven with the finding of negligence on the part of McPherson with respect to the stairs where appellee Vojka fell. Since, as we shall explain, this finding is afflicted with reversible error, it cannot be said that had such error not occurred either Edmonds or McPherson would have been held liable by the jury. In awarding a new trial to McPherson we must therefore also award a new trial to Edmonds.

No. 18037. The error is with respect to testimony about building regulations. The building is an office building which was erected in 1922. Appellee attributed her fall at least in part to the absence of a handrail on the stairs. A 1917 building code of the District of Columbia required handrails on the wall side of stairs. If it applied to this building the provision was important, since this code was in effect in 1922 when the building was erected. Counsel for appellee stated, however, that the 1917 code related to apartment houses and that there was then no specific code for office buildings. He offered the evidence of the 1917 provision to show analogously the standard of care which should have been observed in office buildings, though the code itself was not applicable to such buildings. He said he was unable to allege a violation of the 1917 code "because there was no code provision for it."

Notwithstanding the foregoing an employee of the District of Columbia Department of Licenses and Inspections, called by appellee, on being asked if there was any provision in the 1917 code with regard to handrails in office buildings, replied, "There is a general requirement for handrails in stairways. It does not confine itself to any particular occupancy. It is a general requirement for handrails on the wall side of stairways. * * *" He subsequently added, "This general requirement is not modified specifically by an office occupancy reference." On cross-examination there was an...