Raubitschek

BACKGROUND

Raubitschek lives in Marina Del Rey, California. Since 2018, she has taken a daily morning walk. She typically leaves her apartment, follows Via Marina Street to the water, turns to the right, and then walks for an additional stretch before returning home. Raubitschek usually walks in the middle of the sidewalk. On a summer day in 2020, Raubitschek was out on her morning walk. After walking about 300 or 400 feet on Via Marina Street, she saw people coming toward her. Attempting to avoid contact with one of them who was coming very close to her, Raubitschek stepped to the right. The front portion of her shoe by her toe caught on a small hole in the sidewalk, a condition we shall describe more fully below. She fell to the ground, landing on her left side. The fall caused permanent nerve damage to Raubitschek’s hand. Raubitschek sued the County for premises liability and negligence.1 The County moved for summary judgment, arguing Raubitschek could not secure relief because Government Code

Raubitschek also sued E & S Ring Management Corporation, but that entity is not a party to this appeal.

2 section 835 (further statutory references are to the Government Code…