Nunez v. City of Redondo Beach

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Justia Opinion Summary

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.

Primary Holding

The Second Appellate District affirmed the trial court's ruling dismissing Plaintiff's personal injury claim, finding that the defect on Defendant's property was trivial as a matter of law.

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