approaches the sun porch from the living room, is a fixed panel of glass while the right side is a sliding glass panel which slides in front of the fixed panel when open.
Plaintiff had been working as a baby-sitter in the Woods' home for about two weeks when the accident happened. On a number of occasions she had passed back and forth from the living room to the sun porch through the open right-hand section of the door. During that time she does not recall ever having seen the sliding glass door closed.
Just before the accident, plaintiff and defendants' daughter Diana were out on the sun porch. Defendants' daughter Dierdra and her cousin, Polly Gray, were outside playing in a water-filled boat in the backyard. Plaintiff went outside to see what the two children were doing and was ultimately splashed by one of them. This gave rise to a game of tag. At one point in the game, Dierdra attempted to tag the plaintiff. In an effort to elude her, plaintiff ran from the backyard into the kitchen, through the center hall and into the living room. As she approached the sliding glass door, plaintiff saw Diana standing in what appeared to plaintiff to be an open doorway. She ran toward the right-hand section of the doorway, intending to pass through it and onto the sun porch. When plaintiff was about a foot away she realized that a glass panel was in front of her, but was unable to stop. Her right knee hit the door and broke the glass. The force of the impact turned plaintiff around in such a way that she came to rest sitting on the jagged glass remaining in the door with her body facing into the living room.
Defendants argue that as a matter of law they were not negligent. Specifically, they contend that reasonable men could not find that a hidden danger existed, or that defendants knew or should have known of the hidden danger if one were found to exist. They further assert that even if a danger existed, it was an obvious one for which defendants bore no responsibility to the plaintiff. Alternatively, defendants contend that, assuming arguendo they were negligent, plaintiff nevertheless must be found contributorily negligent as a matter of law.
The Court cannot agree with these arguments. On all of the above issues there was sufficiently conflicting evidence for the case to go to the jury and we must abide by its verdict. Kanner v. Best Markets, Inc., 188 Pa. Super. 366, 147 A. 2d 172 (1958). Shannon v. Butler Homes, Inc., 102 Ariz. 312, 428 P. 2d 990 (1967).
The defendants also assert that the only reasonable conclusion to be drawn from the evidence with respect to the issue of parental negligence liability for the conduct of the children is that defendants were not negligent. Again we conclude that the evidence warranted submission of that issue to the jury and its verdict must be upheld.
Motion for New Trial
During the second day of deliberation, the jury sent the following question to the Court concerning the special interrogatories submitted to it:
"Under question No. 1 [Do you find that defendants, Margaret Gray Wood and Alfred C. Wood, Jr., were negligent?], can Drs. Margaret and Alfred Wood be held negligent for any action on the part of the children?"