LIABILITY - CALIFORNIA

Nunez v. City of Redondo Beach

Court of Appeal, Second District, Division 3, California - July 27, 2022 - Cal.Rptr.3d - 2022 WL 2965453 - 2022 Daily Journal D.A.R. 8078

Pedestrian filed a negligence lawsuit against city after she tripped on an elevated sidewalk slab and injured her left knee and right arm.

The Superior Court granted city summary judgment and pedestrian appealed.

The Court of Appeal held that city’s policy to repair sidewalk tripping hazards greater than a half-inch did not create a triable issue of fact as to the triviality of sidewalk offset.

City’s policy to repair sidewalk tripping hazards greater than a half-inch did not create a triable issue of fact as to the triviality of sidewalk offset, in pedestrian’s negligence lawsuit against city after she tripped on an elevated sidewalk slab; minor defects to the alignment of city’s sidewalk inevitably occur, and the continued existence of such nonalignments without warning or repair was not unreasonable and did not preclude the trial court from finding the sidewalk defect was trivial.



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