(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.)
When Plaintiff Judy Brown exited Macy's store, she was walking at a normal pace, and was looking straight ahead towards the location of her parked car. She was neither looking for nor apprehending the presence of a sidewalk defect as she was walking, according to Ms. Brown’s declaration.
As a result of this accident, caused by the negligence of Defendants, Plaintiff Judy Brown suffered, inter alia, fractures of her right wrist and right knee. To date, she continues to experience significant pain and physical limitations because of these injuries.
With respect to Defendant Universal Mall’s Summary Judgment Motion, it should be noted by the court that Macy's is also named as a defendant in this action. It has not joined Defendant Universal Mall’s Motion For Summary Judgment. Macy’s filed its answer to the complaint on or about July 23, 2009. Also, Mall Associates, the owner of the Mall, has been named as a "DOE" defendant, and service is currently being attempted on that Defendant.
In regard to Defendant Universal Mall’s motion, as explained below, there are genuine triable issues of material fact sufficient to justify this court's denial of the motion.
A TRIABLE ISSUE OF FACT EXISTS AS TO WHETHER A TRIVIAL DEFECT CAUSED PLAINTIFF'S TRIP/FALL ACCIDENT
In support of its motion, Defendant Universal Mall argues that the sidewalk defect which caused Judy Brown to trip and fall was a trivial, one-half inch, upraised, portion of sidewalk.