Marc Trachtman Law Wins another premises liability Motion for Summary Judgment
Facts: Plaintiff claims that she rolled her ankle and fell down at the meeting point of a concrete sidewalk and a grass lawn located on a walking path at the Park Villa Apartments in Chino. She allegedly sustained personal injuries as a result. Because the height differential between the concrete and adjacent ground surface measured a maximum of 1.375 inches, Marc Trachtman Law argued it was not a dangerous condition but a trivial defect as a matter of law. Notably, Plaintiff encountered the condition approximately 1,400 times prior to allegedly suffering her fall. On none of these occasions did she form an opinion that the condition was dangerous. Accordingly, Marc Trachtman Law argued that Defendant owed no duty to guard against harm arising from the alleged defect because it was a trivial defect and “open and obvious” and was therefore entitled to summary judgment.
Result: The court agreed with Marc Trachtman Law (via Adam C. Young, Esq). The court ruled that Defendant demonstrated the condition constituted both a trivial defect and was open and obvious. Accordingly, the court granted summary judgment on June 15, 2022.