Carina M. Jordan secures a win on behalf of City of Hawthorne

A motion for summary judgment was granted by Judge David K. Reinert of the Los Angeles County Superior Court in favor of Defendant City of Hawthorne in a trip and fall case brought by Plaintiff alleging a dangerous condition of public property (Government Code section 835). Carina M. Jordan of Kjar, McKenna, & Stockalper LLP represented City of Hawthorne.

The complaint alleged that at an intersection located in the City of Hawthorne, Plaintiff tripped on a cracked, raised, damaged, or uneven roadway, which was a dangerous condition. Plaintiff claimed damages in the high six figure range. Defendant filed a motion for summary judgment on four separate grounds, one being that the alleged dangerous condition—a T-shaped depression—Plaintiff alleged she fell on is trivial as a matter of law, and therefore not a dangerous condition.

On August 27, 2024, Judge Reinert granted defendant’s motion and found that the defect is trivial as a matter of law. The court noted in its ruling that there was no dispute as to the defect in the roadway which Plaintiff asserted was unreasonably dangerous. The parties each presented evidence from experts who agreed that the maximum depth of the alleged defect is approximately 13/8 inch. Additionally, in reaching its conclusion, the court stated that a depression is different in kind from a lifted section of concrete. Furthermore, the evidence showed that depression is scalloped rather than sharp, and human experience suggests that a depression is less of a tripping hazard than a raised piece of concrete. As the court found that the defect in the pavement is trivial as a matter of law and that issue is dispositive for the Motion for Summary Judgment, the court declined to address the other issues raised by defendant.