Jacinto
Jacinto v. Caruso Management CA2/5
Opinion
Opinion
I. INTRODUCTION
Plaintiff, Teresita Jacinto, appeals from a judgment following an order granting summary judgment. Plaintiff sued defendant, Caruso Management Company, Limited, for negligence and premises liability. Plaintiff alleges she tripped and fell over a wheel stop that was negligently placed. Defendant owned and managed the premises where the wheel stop was located. Defendant moved for summary judgment. Defendant contended it owed plaintiff no legal duty because the danger was open and obvious and it lacked knowledge of the potential danger. Defendant also argued plaintiff failed to raise a triable issue of material fact that the wheel stop caused her to fall. The trial court granted summary judgment as to the causation issue. We reverse the judgment and remand.
II. BACKGROUND
A. Plaintiff’s Complaint
Plaintiff brought suit for personal injury, premises liability and negligence. Plaintiff named as defendants, J.P. Morgan Chase Bank and Does 1 through 25. J.P. Morgan Chase Bank is not a party to this appeal. Plaintiff alleges that on March 12, 2012, she was on the premises located at 224 Colorado Street in Glendale, California. She alleges: defendants negligently,…