Aline Kassabian Kalfa v. Braemar Country Club, and Does 1 to 25
Published: Aug. 4, 2017 | Result Date: Jul. 12, 2017 | Filing Date: Mar. 7, 2016 |Case number: BC612928 Summary Judgment – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Gerard V. Kassabian
(Law Offices of Gerard V. Kassabian, APC)
Defendant
Louis W. Pappas
(Manning & Kass, Ellrod, Ramirez, Trester)
Facts
Aline Kalfa sued Braemar Country Club, in connection with a fall that allegedly occurred on March 15, 2014, at the premises owned and controlled by the Country Club.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff was attending a tennis class at defendant's premises when her entire leg fell into a six-foot deep gap. The gap was between the tennis court and a chain-link fence that separated the court from the adjacent lower court. Plaintiff contended a mesh material placed over the gap failed to keep her leg from falling through into the gap. Plaintiff sustained multiple injuries and sued defendant for premises liability. Plaintiff claimed defendant failed to properly maintain the premises, causing her fall.
DEFENDANT'S CONTENTIONS: Defendant moved for summary judgment on grounds of primary assumption of risk and pursuant to a waiver and release plaintiff signed. Defendant also denied that the premises were dangerous. Defendant contended that any condition was open and obvious.
Injuries
Kalfa sustained bruises and muscle tears as a result of the fall.
Result
The court granted summary judgment in favor of the Country Club.
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