Boyd

I. BACKGROUND

A. Caltrans’s Motion for Summary Judgment Plaintiff alleged she fell on a sidewalk that had a two-inch deviation in height. In support of its motion for summary judgment, Caltrans submitted evidence that plaintiff testified the incident occurred when she lost her balance after either tripping or stepping into a depression along a seam where a concrete sidewalk ended and an asphalt sidewalk began. There was a transition from a lighter to a darker color on the pavement surface at that point. The incident occurred on a dry, sunny morning. During her deposition, plaintiff indicated on a photograph the portion of the sidewalk where she tripped and fell;

1 the area she indicated encompassed approximately half the width of the sidewalk, on the portion closest to the curb. Plaintiff never took any measurements at the scene of the incident. Caltrans also submitted the declaration of David Despain, the Caltrans maintenance supervisor responsible for sidewalks on State Route 4 in the City of Oakley, including the scene of the incident. He stated that he knew of any complaints made regarding conditions along State Route 4 in Oakley, and that prior to the incident in question,…