Facts

On October 18, 2015, plaintiff Bobby James was walking on Third Street in San Francisco when he tripped on a hole on the ground where a meter used to stand which evidently caused him injuries. Plaintiff sued defendant the City and County of San Francisco for personal injury under a premises liability theory.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants were negligent for failing to maintain and fix an open hole on the ground where a meter used to be. Plaintiff contended that it should have been reasonably foreseeable to defendants that the public including plaintiff would be injured by the open hole.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions. Defendant contended it had no notice of the condition.

Result

The court granted defendant's motion for summary judgment because plaintiff failed to show that defendant created the condition and plaintiff also failed to show that defendant had sufficient time to take protective measures to fix the hole because plaintiff's testimony that he did not see the hole there five days prior suggested that it was of short duration and would not have been noted by periodic inspection.