Heskel
Heskel v. City of San Diego CA4/1
Opinion
Opinion
Huffman, J.
Menahem Heslcel (Heskel) sued the City of San Diego (City), claiming he suffered personal injury from a dangerous condition of public property when he tripped over a protruding base of a hollow metal post (condition) cemented into a city sidewalk. (Gov. Code, § 835; all statutory references are to the Government Code unless otherwise noted.) The trial court granted the City’s motion for summary judgment, finding, as a matter of law, the City lacked constructive notice of a dangerous condition. (Code Civ. Proc., § 437c.)
On appeal, Heskel contends the trial court erred because triable issues of fact remain about whether the City had constructive notice of the condition, based solely on the length of time it was present. We disagree. Because Heskel failed to present any evidence that the condition was obvious such that the City, in the exercise of due care, should have become aware of it, his claim must fail as a matter of law, notwithstanding his evidence that the condition was present for over one year- before his accident. (§ 835.2, subd. (b).) We affirm the summary judgment.