Martinez v. Kaufman-Kane Realty Co.

The defendant moved to dismiss the cause of action at the end of the infant plaintiff’s proof and again after the whole case.

The witnesses for the plaintiff made a showing, prima facie, that there was a duty owed him. The testimony and exhibits demonstrated there was an apparent failure to properly maintain the defendant’s premises. It was also evidenced that the defendant failed to equip its property in accordance with specifications put on file in compliance with the Municipal Building Code.

By reason of those facts, a jury could have concluded this defendant was negligent and should respond…