Kasparian v. Avalonbay Communities, Inc.

Opinion

JOHNSON, Acting P. J.

Plaintiff Christine Rasparían appeals from the summary judgment entered in favor of defendant AvalonBay Communities, Inc. (Landlord), on the ground a recessed drain, as a matter of law, was both an open and obvious condition and a trivial defect, which negated any duty of care on the part of Landlord to the 80-year-old Rasparían who sustained severe injuries from a fall after she tripped. We reverse the judgment.

Rasparían contends summary judgment was improper, because competing expert declarations were in direct conflict on certain material factual issues. She…