Liss v. City of San Diego CA2/17
Plaintiff Kathleen Liss appeals from a judgment entered in favor of defendant the City of San Diego (the City) on her causes of action for dangerous condition of public property and premises liability after she tripped and fell on a public sidewalk where there was an approximate one and one-half inch difference between a portion of the sidewalk with a water meter box lid and the adjacent sidewalk section. The trial court granted the City’s motion for summary judgment on the ground that the City had shown that Liss could not establish one or more elements of her cause of action, i.e., concluding that the defective condition was trivial, that it was not created by the negligence or wrongful conduct of the City’s employee(s), and that the City had neither actual nor constructive notice of the dangerous condition a sufficient time prior to the injury to take measures to protect against the condition.
Comments on Liss v. City of San Diego CA2/17