SUMMARY JUDGMENT GRANTED FOR ALLEGEDLY DANGEROUS PARKING LOT

Los Angeles County Superior Court granted OLG’s motion for summary judgment due to an alleged dangerous condition in parking lot consisting of a broken wheel stop and inadequate lighting against major national retailer and property management company.

Plaintiff had returned an item to the retailer and was leaving the store at approximately 9:00 p.m. In the parking lot, she left the pedestrian walkway and entered a parking stall with a broken wheel stop. She claims she tripped over the wheel stop or the rebar in it although admitted she did not see it before her fall. Plaintiff alleged causes of action for negligence and premises liability against the retailer and property manager.

The retailer never appeared in the action while OLG filed a dispositive motion for its property management client. OLG argued that the wheel stop was not a dangerous condition, a lack of notice, the condition was open and obvious with no practical necessity to encounter it, no proximate cause, and the lighting was adequate. The court agreed. It found OLG had shown that the wheel stop that allegedly caused plaintiff’s fall was not a dangerous condition because it was open and obvious, and plaintiff could not prove that moving party had actual or constructive notice of the alleged dangerous condition. As a result, plaintiff could not establish breach of duty or causation, thus granting the motion.

Joel Witzman and Nicole Fassonaki wrote the winning motion.