Carone v. St. George Theater Restoration, Inc.
Justice Alan C. Marin
Patron Carone sued for injuries allegedly sustained after her fall at St. George Theater. Defendant theatre challenged Carone's trial testimony regarding the cause of her fall, pointing out uncertainties in her deposition It argued as Carone was uncertain as to causation she failed to make out a prima facie case. The court noted the elements of Carone's fall were entwined, stating evidence presented address adequacy of lighting, and if handrails were required, among other things. It rejected Carone's claim that the area by her seat was not well lit, finding defendant's witnesses more persuasive. Further, the court noted the parties disagreed on which version of the Building Code applied concerning railings the 1968 code did not require them, while the 2008 code did but a code violation was only some evidence of negligence. The court stated the lack of a railing may not have implicated defendant, by itself, but in combination with other factors, the court concluded defendant was responsible for Carone's accident. However, it also concluded Carone must bear some share of responsibility for her accident, finding her one-third responsible, while defendant was two-thirds responsible directing an interlocutory judgment to be entered.