California Court of Appeal

Summary judgment in favor of defendant-city on plaintiff's claim that he suffered personal injury from a dangerous condition of public property, when he tripped over a protruding base of a hollows metal post cemented into a city sidewalk is affirmed, where: 1) plaintiff failed to present any evidence that the condition was obvious such that defendant-city, in the exercise of due care, should have become aware of it, so his claim must fail as a matter of law, notwithstanding his evidence that the condition was present for over one year before his accident; and therefore, 2) the trial court did not err in concluding that defendant-city lacked constructive notice of the alleged dangerous condition.

Appellate Information

• Decided 06/23/2014
• Published 06/23/2014

Judges

• HUFFMAN

Court

• California Court of Appeal

Counsel