Price v. Central Assembly of God

• Citation: 356 P.2d 240,144 Colo. 297
• Decision Date: 24 October 1960
• Docket Number: No. 19112,19112
• Parties: Esther Ann PRICE, Plaintiff in Error, v. CENTRAL ASSEMBLY OF GOD, a Colorado corporation, doing business as Calvary Temple, Defendant in Error.
• Court: Colorado Supreme Court

Page 240

356 P.2d 240

144 Colo. 297

Esther Ann PRICE, Plaintiff in Error, v. CENTRAL ASSEMBLY OF GOD, a Colorado corporation, doing

business as Calvary Temple, Defendant in Error.

No. 19112.

Supreme Court of Colorado, In Department.

Oct. 24, 1960.

Rehearing Denied Nov. 14, 1960.

Frank A. Bruno, William D. Holland, Denver, for plaintiff in error.

Yegge, Bates, Hall & Shulenburg, Raymond J. Connell, Denver, for defendant in error.

KNAUSS, Justice.

Plaintiff in error, plaintiff in the trial court, seeks reversal of a judgment of dismissal entered at the conclusion of plaintiff's evidence.

Defendant is a religious corporation, maintaining a large church edifice in Denver, where religious services and attendant activities are conducted. Plaintiff, a member of the church, alleged that while attending a meeting held in the church as an invitee, she suffered serious and permanent injuries resulting from a fall down a flight of stairs leading off an unlighted corridor to a room plaintiff desired to enter. Defendant denied negligence and alleged affirmatively that plaintiff was contributorily negligent, and that she assumed the risk.

Plaintiff, some sixty-seven years of age, was a member in good standing of the church, and a member of its Women's Missionary Group, through which the missionary field work of the church was largely carried on, and which meets regularly and conducts its affairs at the church. On December 4, 1956, the date of the accident, plaintiff had gone to attend a regular monthly meeting of the group, called to meet at the church at 10 o'clock A.M. of that day. This meeting was to be held in the 'Crusader Room' located on one of the lower levels of the church building. The evidence discloses that such missionary group meetings were conducted in three phases: (1) Business Session, (2) Spiritual Session, and (3) Luncheon. For the luncheon the ladies were invited to use the kitchen or commissary facilities of the church, which was also located in the basement or lower level of the building, and may be reached by either of two outside entrances, a southeast door or a northeast door, both of which lead directly into the 'Crusader Room.' Two separate hallways lead from these entrances to the kitchen or commissary and the evidence shows that the ladies used both hallways. On the day of the accident the custodian of the church had unlocked both doors to enable the ladies to obtain entrance. Lights were on in the 'Crusader Room' and along the southern hallway. No lights were turned on along the northern hallway and no precautions taken to warn or dissuade anyone using the northern hallway.

Plaintiff arrived at the church at about 9:45 A.M. and entered through the northeast door leading directly to the 'Crusader Room.' No other persons were present at the time of plaintiff's arrival. She heard voices in...