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Nov
2019

Client Prevails in Motion for Summary Judgment in Trivial Defect Case, Case Dismissed

 General

Los Angeles Superior Court grants OLG’s motion for summary judgment in a trip and fall case, dismissing the lawsuit against OLG’s client.

Plaintiff alleged that she tripped and fell on a damaged concrete barrier separating the road from the park, which resulted in Plaintiff fracturing her left leg and arm. OLG filed a motion for summary judgment on behalf of the property owner on the basis that the alleged dangerous condition was a trivial defect. Plaintiff submitted a declaration from a notorious Forensic Engineer in support of her opposition that the defect was neither trivial nor open and obvious. The Court agreed with OLG, and granted OLG’s motion for summary judgment, finding that the defect at issue was three-quarters of an inch wide, which was trivial in nature pursuant to case authority. The Court ruled that Plaintiff did not meet her burden of raising a triable issue of fact as to premises liability or negligence because she could not establish the existence of a dangerous condition on the premises and granted summary judgment.

Robert Hernandez wrote the winning reply to Plaintiff’s opposition and Heather Lunn successfully argued the motion for summary judgment.