Jones v. AwadAnnotate this Case
The Court of Appeal affirmed the trial court's grant of defendant's motion for summary judgment in an action brought by plaintiff after she tripped on a step in defendants' garage. The court held that plaintiff failed to raise a triable issue of material fact with respect to breach of duty and the trial court properly granted defendants’ motion for summary judgment. In this case, plaintiff failed to establish a discernible feature of the garage steps that would notify defendants of an unreasonable risk of harm or any prior incidents that would alert defendants to the existence of a dangerous condition. The court also held that the facts of the present case did not give rise to an application of negligence per se. Furthermore, the presence of a building code violation did not automatically render defendants at fault, where the violations were relatively minor.