Pultz

Plaintiff Betty Pultz appeals from a summary judgment in favor of defendant Harry Holgerson in this negligence action. We will reverse the judgment.

Facts and Procedural Background

Plaintiff sued Holgerson for injuries incurred when she slipped and fell on the sidewalk abutting his property. The complaint alleges seriatim, by paragraph, that: (115) plaintiff “was walking on the sidewalk of the property of defendant] when due to the negligence of the defendants in failing to keep said sidewalk in a safe condition in accordance with Civil Code § 1714, she fell and sustained injuries”; (16) “[Defendants, . . . were the owners of [the] property located at 3301 C Street and were responsible for the maintenance and repair of said sidewalk”; (17) “[D]efendants ... so neg ligently and carelessly managed, maintained, and repaired [the] sidewalk and property [as] to cause the plaintiff ... to trip and fall causing [her] serious injury”; and (118) “As a proximate result of the negligence of defendants, . . . plaintiff was injured . . . .” Holgerson answered with a general denial and an affirmative defense.

Holgerson moved for summary judgment. He conceded as undisputed that the…