East Texas Theatres, Inc. v. Rutledge

453 S.W.2d 466 (1970)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was attending a special 'midnight show' at the Paramount Theatre, owned by D. The interior of the theatre was arranged with a lower floor and a balcony. P and friends took seats on the lower floor. When the picture came to an end, P started making her exit, after the lights were turned on, using the aisle between the left section and the wall. Just before she walked under the balcony overhang, some unidentified person in the balcony threw a bottle which struck her on the side of her head just above her left ear. P sued D alleging that D was negligent for not removing rowdy theater patrons. During the progress of the show, the patrons in the theatre, both on the lower floor and in the balcony, were engaged in 'hollering.' Another patron testified that he saw paper or cold drink cups either 'drifting down' or being thrown down toward the front of the theatre. Before the show was over, and, thus, before the accident, all commotion in the theatre had ceased. The last disturbance of any kind before the show was over was not throwing but 'hollering.' A patron further testified that nothing happened, whether 'hollering' or the throwing of paper cups, to make him think that something bad was going to happen; he was not worried about the safety of himself or the safety of his friends or anybody that was there. The evidence does not identify any particular person as being a 'rowdy person.' There is no evidence that a hard substance of any character was thrown, other than the bottle which struck P. The witness, Henderson, testified that he could not identify the person who threw the bottle, but that out of the corner of his eye, he saw a 'movement, a jerking motion' by someone in the balcony and then saw the bottle hit Sheila. The jury found that P's injuries were not solely caused by the action of 'some unknown person who threw a bottle . . .' The jury found for P, and that D's negligence was a proximate cause of P's injuries. Damages were $31,250.00. P got the verdict, and the appeals court affirmed. D appealed.