Soto
Soto v. Clifton House Four-Plexes Homeowners Assn. CA4/3
Opinion
Opinion
FACTS
I.
THE TRIP AND FALL
In 2020, Soto was walking from her mailbox to her apartment when she tripped and fell on an uplifted part of a concrete sidewalk and sustained an injury. At the time of the fall, the weather was clear and sunny, and the sidewalk was dry. Nothing obstructed Soto’s view, and she was looking straight ahead. She had lived at the complex for about eight years and walked this route to her mailbox about once every two weeks.
1 Soto also requests that we review the trial court’s decision
denying her subsequent motion for a new trial. Because we reverse the summary judgment, we need not address the denial for a new trial.
2 On the same day Soto fell, her roommate took pictures of Soto’s foot next to the uplifted area of the sidewalk. In the pictures, Soto is wearing the same sandal she wore when she fell. She later testified these pictures are a fair and accurate depiction of the way the sidewalk looked at the time of her fall. No one physically measured the uplifted part of the sidewalk, and the maintenance employee has since repaired it.