Mitchelson v. Sunset Marquis Hotel
Plaintiff Marcella Mitchelson appeals from the judgment entered after the trial court granted defendant Sunset Marquis Hotel’s motion for summary judgment. Mitchelson fell on a public sidewalk adjacent to the Hotel’s property and filed this action for personal injuries. The Hotel filed a motion for summary judgment on the ground that it did not owe a duty to maintain the sidewalk because it did not own, control, maintain, or possess the area where Mitchelson fell. The Hotel also argued that the defect in the sidewalk was trivial as a matter of law. Because we conclude that the Hotel did not meet its burden on summary judgment of showing that Mitchelson could not prove the element of duty and that the defect is not trivial as a matter of law, we reverse.
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