Maksimow

Maksimow v. City of South Lake Tahoe

Good Law
Court of Appeal of CaliforniaNovember 4, 2024C098705California5,595 words

Opinion

Opinion

Renner, J.

I. BACKGROUND

Maksimow spent several days in South Lake Tahoe in March 2020. She went to retrieve her car from a public parking lot around 7:30 on the morning of March 26, 2020. It was cold that day, with temperatures ranging from 12 to 30 degrees Fahrenheit. Maksimow walked towards her car and spoke with an acquaintance. She was looking at her car and saw nothing on the ground before falling. It was then that Maksimow first saw an ice patch covering an area of approximately three feet by four feet. The ice patch was located near a white Mitsubishi sedan (the Mitsubishi), which was parked in the same lot. Maksimow was taken to the hospital, where she underwent surgery on her injured ankle. A. Maksimow’s First Amended Complaint Maksimow sued the City. Her first amended complaint, which is the operative pleading, alleges the ice patch constituted a dangerous condition and asserts a single cause of action for maintaining a dangerous condition of public property. (§ 835.) The first amended complaint seeks compensatory damages for wage loss, hospital and medical expenses, and pain and suffering. B. The City’s Motion for Summary Judgment The City moved for summary judgment,…

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