Reinoso, G. v. Heritage Warminster SPE

DISSENTING OPINION BY

OTT, J.:

Because I do not believe the trial court committed an error in granting summary judgment1 by determining the 5/8 inch misalignment between sidewalk blocks was, as a matter of law, a trivial defect, I respectfully dissent.

The standard used to evaluate the nature .of a defect has been succinctly set forth as follows:

What constitutes a defect sufficient to render the property owner liable must be determined in the light of the circumstances of the particular case, and ‘except where the defect is obviously trivial, that question must be submitted to the jury’. Aloia…