Fitzwater v. Sunset Empire, Inc.

This is an action for personal injuries suffered by plaintiff when he slipped and fell on ice on the sidewalk in front of defendant’s restaurant in the city of Astoria.

Plaintiff filed an original and three amended complaints. The defendant demurred to the first amended complaint for failure to state a cause of action. The demurrer was allowed. The plaintiff filed a second amended complaint, and the defendant moved *278to strike it on the ground that it was substantially the same as the amended complaint. The parties stipulated that plaintiff could file a third amended complaint and that…