Kasparian

Plaintiff Christine Rasparían appeals from the summary judgment entered in favor of defendant AvalonBay Communities, Inc. (Landlord), on the ground a recessed drain, as a matter of law, was both an open and obvious condition and a trivial defect, which negated any duty of care on the part of Landlord to the 80-year-old Rasparían who sustained severe injuries from a fall after she tripped. We reverse the judgment.

Rasparían contends summary judgment was improper, because competing expert declarations were in direct conflict on certain material factual issues. She assigns the following as unresolved material issues of fact: (1) whether the drain design and configuration met industry standards and building code requirements; (2) whether its size and dimensions in view of the surrounding circumstances rendered the recessed drain hazardous; and (3) whether Landlord breached its duty of safety in managing and maintaining the apartment complex common area by failing to comply with its own inspection protocol. She also contends summary judgment was improper, because Landlord’s statement of undisputed facts failed to address each of the two causes of action in the…