Jones

The issue is whether an owner of property abutting a sidewalk parkway is liable to a pedestrian who is injured when trees on the parkway create a dangerous condition on the sidewalk. Under the circumstances presented here, we find that the dangerous condition is not attributable to the abutting owner. We therefore affirm a summary judgment in favor of that owner.

Facts

On June 3, 1980, plaintiff Dorothea Jones fell and sustained injuries while walking on a public sidewalk which abuts the property of defendant, Wendell Deeter. Plaintiff claims that she tripped on a break in the sidewalk; this break, she alleges, was caused by the roots of magnolia trees pressing up from underneath the concrete. The offending magnolia trees grew on a grassy strip or “parkway” which is located between the sidewalk and the public street running in front of defendant’s home. Defendant allegedly maintained this parkway by cutting the grass and watering the grass and trees. Plaintiff filed a complaint for damages against defendant and the City of Long Beach (the City), alleging negligence in maintenance of the sidewalk and the magnolia trees.

Defendant filed a motion for summary judgment. In…