Facts

On September 2017, Andrea Eva Magyar parked at the rooftop level of Kaiser Permanente Medical Center's parking structure. When Magyard proceeded to take the stairs down, she slipped and fell down the wet stairs. The parking structure was possessed by and in control of Modern Parking, Inc. Magyar and Sandor Vlaszof brought an action against Kaiser and Modern for negligence, premises liability, and loss of consortium by Vlaszof. Defendant Kaiser moved for summary judgment and Modern filed a joinder to Kaiser's motion.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants were negligent and liable for Magyar's injuries when she slipped and fell in the parking structure owned and controlled by defendant Modern. Plaintiff Vlaszof contended defendants' negligence caused plaintiff a loss of consortium. Plaintiffs contended defendants should not be entitled to summary judgment because Kaiser's declarations in support of the motion lack foundation and relevance. Plaintiffs contended Magyar did not slip and fall on the yellow painted strips where the sun dried up all the moisture, but rather slipped in the shade where moisture was still present on the yellow painted strips. Plaintiffs contended the parties had submitted conflicting expert testimonies concerning the condition of the stairs.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendants contended there were no dangerous or unsafe conditions. Defendants contended that Magyar did not observe any moisture on the steps, the surrounding areas of the parking lot, or the bottom of her shoes, nor did she see any debris or foreign matter on the steps. Defendants contended that the stairs were not wet and that the stairs were not dangerous whether wet or dry. Defendants contended that the alleged slippery condition was not a substantial factor in Magyar's fall because there was adequate traction to safely transverse the steps.

Result

Defendant Kaiser's motion for summary judgement and Modern's joinder were granted.