Nunez v. City of Redondo BeachAnnotate this Case
Plaintiff fell while walking on a public sidewalk in the City of Redondo Beach. More specifically, Plaintiff's back foot hit a raised sidewalk slab causing her to trip and fall forward to the ground. As a result, Plaintiff fractured her kneecap and elbow. Plaintiff sued the City.
The City successfully moved for summary judgment, arguing that any alleged defect was trivial as a matter of law. On Plaintiff's appeal, the Second Appellate District affirmed. The court explained that under Government Claims Act Sec. 830(a), a public entity is not liable for injuries caused by a condition of the property if the "risk created by the condition was of such a minor, trivial or insignificant nature in view of the surrounding circumstances that no reasonable person would conclude that the condition created a substantial risk of injury."
After considering the "type and size" of the defect, the court determined it was trivial as a matter of law. Further, the court did not find any additional factors indicating that the defect was sufficiently dangerous to a reasonable person. Thus, the Second Appellate District found no error in the trial court's ruling.