Trip-and-fall walkway 457
April 5th, 2012 
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Cadam v Somerset Gardens Townhouse HOA 200 Cal.App.4th 383 (2/6) (2011) Trip-and-fall case on 7/8” walkway separation at recently-built condominium. San-Diego-Auto-Accident-lawyer.com Jury verdict for Plaintiff, but JNOV granted for Defendant, affirmed. [1] Accident happened at noon on bright day, while Plaintiff talking to HOA’s gardener. She caught her shoe in walkway slab separations. Court reviews evidence including photographs and finds as a matter of law, this is a trivial defect. Even the HOA’s president’s testimony that over a 1 /2” defect is probably dangerous does not change result as “within common knowledge of lay judges and jurors what type of a defect in a sidewalk is dangerous.” [2] Even with actual notice, landowner has not duty to repair minor or trivial defects. San Diego personal injury attorney