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Personal Injury
Premises Liability
Dangerous Condition of Public Property

Hewan Tafari v. City of Cupertino, De Anza Youth Soccer League

Published: Sep. 22, 2017 | Result Date: Aug. 24, 2017 | Filing Date: Jan. 21, 2015 |

Case number: 2015-1-CV-275795 Summary Judgment –  Defense

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Brian L. Larsen
(Law Offices of Brian L. Larsen)


Defendant

William S. Kronenberg
(Kronenberg Law PC)

Stacey D. Chau
(Kronenberg Law PC) for De Anza Youth Soccer League


Facts

On March 29, 2014 plaintiff, age 7, was injured during an organized youth soccer game. Plaintiff filed suit against DeAnza Youth Soccer League and the City of Cupertino.

Contentions

PLAINTIFF’S CONTENTIONS: Plaintiff contended that defendants were liable for her injuries, which occurred when the crossbar of an unanchored portable goalpost tipped over and landed on her while she was hanging and/or swinging from it.

Plaintiff brought a premises liability action, asserting negligence against DeAnza Youth Soccer League and dangerous condition of public property against the City of Cupertino.

DEFENDANT’S CONTENTIONS: The city contended in its motion for summary judgment that it was not liable because no dangerous condition of public property existed at the subject location at the time of plaintiff’s injury. Specifically, it argued that it did not own, maintain, manage, or operate any of the goalposts.

Result

The court granted the city’s motion.

Other Information

A proposed judgment for the City of Cupertino, although submitted, has not yet been signed and filed by the court.


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