Huckey

*1095 I. INTRODUCTION

Plaintiff and appellant, Charles Huckey, sued defendant and respondent, City of Temecula (the City), for injuries he sustained from tripping and falling on a defective city sidewalk. He alleged the sidewalk defect was a dangerous condition of public property. ( Gov. Code, §§ 830 et seq. ) 1 The trial court granted the city's motion for summary judgment on the ground the sidewalk defect was trivial as a matter of law. The sidewalk was vertically uneven between two concrete panels, and the height differential was 9/16 of *1096 an inch, three feet and one foot from the sidewalk's right edge, and one and 7/32 inches (1.21875 inches), at the right edge, as plaintiff was walking when he fell.

In this appeal, plaintiff claims (1) the City did not meet its initial burden of making a prima facie evidentiary showing that he could not establish that the sidewalk defect was a dangerous condition, or presented a substantial risk of injury ( § 830 ), and (2) the court erroneously concluded that the sidewalk defect was trivial as a matter of law (§ 830.2).

In our de novo review, we conclude the City met its initial burden on its motion, and plaintiff did not present…