Timmons

FACTS AND PROCEDURAL BACKGROUND

In May 2018, Timmons was walking on a street during her lunch break. As she attempted to step from the street onto the sidewalk, Timmons tripped where the gutter meets the street and fell into the curb. The concrete gutter was about one to two inches lower than the asphalt street, which was jagged and broken. Timmons filed a complaint against the City alleging: 1) a dangerous condition of public property; and 2) vicarious liability for wrongful acts or omissions by

1 Further undesignated statutory references are to the Government Code.

2 public entity employees. (§§ 835 et seq., 815.2.) The City filed a motion for summary judgment with transcripts, discovery responses, photographs, declarations, and a statement of material facts. Timmons filed an opposition with transcripts, photographs, an expert declaration, evidentiary objections, a response to the City’s statement of facts, and her own statement of facts. The City filed a reply with evidentiary objections, and responses to Timmons’ statement of facts (the pleadings will be reviewed in the discussion section of this opinion). After a hearing, the trial court issued an order ruling on the…