This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Trip and Fall

[REDACTED] v. Terramar Retail Centers LLC, and Does 1 through 50, inclusive

Published: Feb. 13, 2016 | Result Date: Jan. 21, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC557066 Summary Judgment –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Emanuel J. Abrishami


Defendant

Christina Y. Morovati
(Armijo & Garcia)


Facts

Plaintiff sued Terramar Retail Centers LLC, in connection with a trip and fall accident that allegedly occurred on Sept. 11, 2012.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was leaving one of the retail stores at defendant's premises when she tripped and fell on a huge crack. The crack was allegedly caused by the roots of a tree that were sticking out. Plaintiff alleged that the roots constituted a dangerous condition that defendant allowed to persist despite having notice. As such, plaintiff sued defendant for premises liability.

DEFENDANT'S CONTENTIONS:
Defendant contended that the alleged crack was a trivial defect, and denied plaintiff's allegations and moved for summary judgment for failure to state a cause of action.

Result

The trial court ultimately granted Terramar's summary judgment motion.

Other Information

FILING DATE: Sept. 9, 2014.


#102122

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390