Martinez

In this slip-and-fall case, the trial court granted summary judgment to defendant Chippewa Enterprises, Inc., at whose real property plaintiff Maria Martinez slipped on wet pavement, on grounds defendant had not owed plaintiff any duty of care with respect to the open and obvious condition of water on the ground. This ruling did not accord with the relevant law, nor was it justified by the facts presented, which were insufficient to determine the nonexistence of duty. Accordingly, the judgment will be reversed.

FACTS

Plaintiff filed a single-count negligence/premises liability complaint, alleging that defendant, the owner or lessor of premises known as 9650 Flair Drive in El Monte, had negligently owned, maintained, and operated the property, so that on February 9, 2001, it was in a dangerous condition, “when plaintiff slipped and fell from water improperly placed on the premises.” Plaintiff also alleged that defendant had failed to warn her of the dangerous condition, of which it should reasonably have been aware.

The evidence offered on defendant’s motion for summary judgment showed the following material facts, including certain conflicts. According to declarations…