Robert Eugene Carlson v. City of Redondo Beach, and Does 1 through 20, inclusive
Published: Jul. 16, 2016 | Result Date: Jun. 23, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC566356 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Steven A. Lerman
(Steven A. Lerman & Associates Inc.)
Defendant
Kenton E. Moore
(McCune & Harber LLP)
Andrew L. Smith
(Tyson & Mendes LLP)
Facts
Robert Carlson, 71, sued the city of Redondo Beach, involving allegations of dangerous condition of public property.
Contentions
PLAINTIFF'S CONTENTIONS:
On April 13, 2014, as plaintiff was walking along a sidewalk along Portofino Way, he encountered a large and untrimmed branch of a publicly-owned plant, jutting out into the sidewalk. As a result, plaintiff stepped off the sidewalk and into the gutter and lost his balance, Plaintiff claimed he was injured as a result of the fall. Plaintiff then sued the city for failing to maintain the sidewalk, creating a dangerous condition.
The city allegedly knew of the dangerous condition of this public property. As such, the city was liable for plaintiff's injuries.
DEFENDANT'S CONTENTIONS:
The city moved for summary judgment, arguing that stepping off the sidewalk was not a dangerous condition. The city also denied having any knowledge of the allegedly dangerous condition.
Result
The court granted the city's motion for summary judgment.
Other Information
FILING DATE: Dec. 10, 2014.
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