Stathoulis

SUMMARY

This is an appeal from the judgment entered after the trial court granted summary judgment in favor of the City of Montebello in this action for damages arising out of a dangerous condition of public property. We conclude the trial court erred in finding that potholes in a street over which an appellant tripped and fell constituted a trivial defect, as a matter of law. In light of circumstances surrounding the accident, the question of whether the holes constitute a dangerous condition presents a triable factual issue. Accordingly, we reverse.

PROCEDURAL BACKGROUND

In March 2005, appellant Joanne Stathoulis tripped and fell in shallow holes in a residential street in the City of Montebello. She filed this action against respondent City of Montebello (City) alleging negligence for the dangerous condition of its street. Her husband sued for loss of consortium.

The City answered and, in due course, moved for summary judgment on the ground it was immune from liability, because the defect over which Stathoulis tripped was trivial as a matter of law. (Gov. Code, § 830.2.) (Further unspecified statutory references are to the Government Code.) Judgment was entered in…