BOZZI v. NORDSTROM,
<script src="http://www.google-analytics.com/urchin.js" type="text/javascript"> </script> <script type="text/javascript"> _uacct = "UA-1698443-1"; urchinTracker(); </script> <html ><br /> <head><br /> <title>BOZZI v</title><br /> </head><br /> <body><br /> <div><br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/><b >BOZZI v. NORDSTROM,</b><br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/> <br /> <br/>Filed 7/13/10<br /> <br/><b > </b><br /> <br/><b > </b><br /> <br/><b > </b><br /> <br/><b > </b><br /> <br/><b > </b><br /> <br/><b > </b><br /> <br/><b >CERTIFIED FOR PUBLICATION</b><br /> <br/> <br /> <br/>IN THE COURT OF<br /> APPEAL OF THE STATE OF CALIFORNIA<br /> <br/> <br /> <br/>SECOND APPELLATE<br /> DISTRICT<br /> <br/> <br /> <br/>DIVISION EIGHT<br /> <br/> <br /> <br/> <br /> <table class=MsoNormalTable border=1 cellspacing=0 cellpadding=0<br /> ><br /> <tr ><br /> <td width=319 valign=top ><br /> <br/>KATYA BOZZI,<br /> <br/> <br /> <br/>Plaintiff and<br /> Appellant,<br /> <br/> <br /> <br/> v.<br /> <br/> <br /> <br/>NORDSTROM, INC., et al.,<br /> <br/> <br /> <br/>Defendants and<br /> Respondents.<br /> <br/> <br /> </td><br /> <td width=319 valign=top ><br /> <br/> B217782<br /> <br/> <br /> <br/> (Los<br /> Angeles County <br /> <br/> Super. Ct.<br /> No. YC056696)<br /> <br/> <br /> </td><br /> </tr><br /> </table><br /> <br/> <br /> <br/> <br /> <br/> APPEAL<br /> from the judgment of the Superior Court<br /> of Los Angeles<br /> County. Cary H.<br /> Nishimoto, Judge. Affirmed.<br /> <br/> <br /> <br/> Lon<br /> B. Isaacson Associates, Lon B. Isaacson and Stephen R. Onstot for Plaintiff and<br /> Appellant.<br /> <br/> <br /> <br/> Manning<br /> & Marder Kass, Ellrod, Ramirez, Kathleen A. Hunt and Patrick L. Hurley for<br /> Defendants and Respondents Nordstrom, Inc. and South<br /> Bay Center.<br /> <br /> <br/> <br /> <br/> Danner<br /> & Chonoles and Stephen J. Chonoles for Defendant and Respondent Kone Inc.<br /> <br/> <br /> <br/> <br /> <br/>* *<br /> * * * * * * * *<br /> <br/> <br /> <br/> In<br /> this personal injury<br /> lawsuit, plaintiff Katya Bozzi appeals from the grant of summary judgment in<br /> favor of defendants Nordstrom, Inc., South Bay Center, LLC (collectively<br /> Nordstrom), and Kone, Inc. (Kone). Bozzi<br /> was riding the down escalator to the first floor of a Nordstrom department<br /> store when the escalator stopped abruptly due to a power outage that was<br /> apparently caused by a nearby traffic accident. <br /> We affirm the judgment, finding plaintiff did not show there was a triable issue of fact that defendants<br /> breached any duty of care or that the escalator was defective.<br /> <br/><b<br /> >BACKGROUND</b><br /> <br/><b > </b>On July 14, 2006, plaintiff was shopping<br /> at the Nordstrom store at the South Bay Galleria in Redondo<br /> Beach. She was<br /> riding an escalator from the second floor down to the first after making a<br /> purchase. An electrical service<br /> interruption in the City of Redondo Beach<br /> caused a power outage in the store. The<br /> lights went out, and the escalator stopped. <br /> Plaintiff was holding onto one or both handrails, but she was injured<br /> when her left foot moved down one step on the escalator, though she did not<br /> fall. The power was out for about one<br /> minute and was then restored. The lights<br /> went on, the escalator descended to the first floor, and plaintiff walked out<br /> of the store. There were other shoppers<br /> riding the escalator with plaintiff, including her adult daughter, but no one<br /> else claimed to have been injured. <br /> <br/>Plaintiff sued all defendants<br /> for negligence. She alleged Nordstrom<br /> was a business that invited her to shop and therefore owed a duty not to create<br /> an unreasonably dangerous condition in the store. Further, she alleged Nordstrom violated the<br /> duty to inspect and maintain the safety of the escalator and to warn of the<br /> danger of a jolt in the event of a power outage. She alleged Kone, successor to the escalator<br /> manufacturer, also violated the duty to provide a safe escalator or warn of<br /> inherent defects. The second cause of<br /> action against Nordstrom for premises liability also alleged violation of the<br /> duty to take reasonable steps to prevent reasonably foreseeable harm. The third cause of action was against Kone<br /> only, for strict product liability. <br /> Plaintiff alleged all defendants had a duty to either supply an<br /> alternate power supply or design and maintain the escalator so that it would<br /> slow to a gradual stop when the power went out. <br /> <br /> <br/><b >THE SUMMARY<br /> JUDGMENT MOTIONS</b><br /> <br/><b > </b>Nordstrom and Kone<br /> filed separate motions for summary<br /> judgment. They argued the escalator<br /> was not defective, and plaintiff was not injured by any negligence in the<br /> design, manufacture, installation or maintenance of the escalator. Defendants contended this was one of those<br /> accidents for which no one was to blame. <br /> (See<i > Mautino v. Sutter Hospital<br /> Assn.</i> (1931) 211 Cal. 556,<br /> 561 [â€