Moore

Moore v. City of Beverly Hills CA2/2

Good Law
Court of Appeal of CaliforniaAugust 6, 2013B239683California3,204 words

Opinion

Opinion

FACTS

On July 3, 2009, at around 10:35 p.m., plaintiff Anne Moore tripped and fell on a public sidewalk in front of a restaurant at 252 North Beverly Drive (the Site) in Beverly Hills (the City). Plaintiff had taken no drugs or alcohol and was strolling slowly with her daughter Rebecca Moore (Rebecca). The weather was dry and the sidewalk was free of debris, obstructions and pedestrians. Plaintiff was wearing recently purchased three-inch- high wedge sandals, which she had worn only once before. She suffered multiple fractures in her ankle and has pain and impaired mobility as a result of the fall. A streetlight electric box with a vault cover (the Box) lies in the sidewalk at the Site. The Box is 34-3/4 inches long and 21-3/4 inches wide. Plaintiff contends that she tripped at the southeast corner of the Box. She landed on the sidewalk southeast of the Box. There is a scuff mark on the leather upper of her left shoe directly underneath where her left toes rest, but no mark on the rubber sole. Plaintiff made two steps on top of the Box before she fell. She testified that “it happened so quickly, I don‟t have any recollection of what happened.” She was unable to specify whether…

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