California, United States of America
The following excerpt is from Alpert v. Villa Romano Homeowners Assoc., 81 Cal.App.4th 1320, 96 Cal.Rptr.2d 364 (Cal. App. 2000):
17. This court has had previous opportunities to consider the trivial defect defense. In Ursino v. Big Boy Restaurants of America (1987) 192 Cal.App.3d 394, we sustained a summary judgment in which the trial court had determined that the trivial defect defense was established as a matter of law based on the facts there presented. (Id. at pp. 397-398). In Davis v. City of Pasadena (1996) 42 Cal.App.4th 701, we upheld a summary judgment in which the trial court had reasoned that "'"reasonable minds [could] come to but one conclusion,"'" that the design of a staircase at a city convention center posed a minor or trivial risk at most. (Id. at p. 704.)
17. This court has had previous opportunities to consider the trivial defect defense. In Ursino v. Big Boy Restaurants of America (1987) 192 Cal.App.3d 394, we sustained a summary judgment in which the trial court had determined that the trivial defect defense was established as a matter of law based on the facts there presented. (Id. at pp. 397-398). In Davis v. City of Pasadena (1996) 42 Cal.App.4th 701, we upheld a summary judgment in which the trial court had reasoned that "'"reasonable minds [could] come to but one conclusion,"'" that the design of a staircase at a city convention center posed a minor or trivial risk at most. (Id. at p. 704.)
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