Kelly Ward and Jessica Nunez Secure Appellate Victory for the County Defendant in Premises Liability Case

Kelly Ward and Jessica Nunez obtained a successful appellate ruling on behalf of the County Defendant in a premises liability action alleging a dangerous condition of public property arising from a claimed sidewalk defect.

The trial court granted summary judgment in favor of the County after determining that the alleged sidewalk condition constituted a trivial defect as a matter of law and therefore did not create a dangerous condition of public property. The court found there was insufficient evidence regarding causation and notice and concluded the condition was “nothing outside the typical sidewalk lay persons encounter daily.”

Plaintiff appealed the ruling. On appeal, the County argued that the trial court correctly applied the trivial defect doctrine, which shields public entities from liability where a condition creates only a minor, trivial, or insignificant risk of injury. The Court of Appeal agreed and affirmed the judgment, holding that the alleged sidewalk condition did not create a substantial risk of injury under Government Code section 835.

Jessica Nunez presented oral argument on behalf of the County before the Court of Appeal. The Appellate Court ultimately affirmed the trial court’s grant of summary judgment in full, bringing this matter to a successful resolution for the County.