Gilbert v. City of Los Angeles

This is a trip and fall case involving a sidewalk pedestrian and the City of Los Angeles. The action is based on the theory of defendant city’s duty to maintain the sidewalk in a reasonably safe condition. No actual notice of the defect was proved. The lengthy time of existence of the defect (at least from July 1957 to the date of the accident on July 19, 1959) established constructive notice thereof. The defect was not minimal, extending lengthwise some 10'6" and varying in height (or depression) from ½" on the south end to 1 7/16" in the center, to at the north end. (Garber v. City of Los…