Ettefagh v. Westmont Properties, Ltd.
In this premises liability case, Katalin Ettefagh (plaintiff), seeks reversal of a summary judgment entered in favor of defendant Westmont Properties, Ltd. (Westmont). The trial court granted summary judgment based on the sidewalk accident doctrine which absolves a property owner whose property abuts a public sidewalk from liability arising from any defects in the sidewalk that were not caused by the property owner. The trial court noted that Westmont denied that it had in any way caused, brought about or contributed to the alleged defect in the sidewalk that had resulted in plaintiffs injuries. As plaintiff produced no evidence, beyond mere speculation, that raised a triable issue on the point, the trial court granted Westmonts motion.
Court agree with the trial courts analysis of the record and Court therefore affirm the judgment.
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