California, United States of America
The following excerpt is from Tiainen-Bennett v. KRGW Fujimoto LLC, A144430 (Cal. App. 2016):
2. The "trivial defect defense" is also available to private, nongovernmental landowners. (Ursino v. Big Boy Restaurants (1987) 192 Cal.App.3d 394, 398-399.)
3. We have viewed a digital image of the photographs plaintiff's attorney took of the offset, which includes a tape measure that clearly shows the offset to be no more that three-quarters of an inch. In her statement of undisputed material facts, she alleged that "[t]he size of the obstruction was, more likely than not, greater than inch" based on the fact that the measuring tape in the photograph had been placed near the western edge of the sidewalk. She claimed her fall occurred when her foot struck a portion of the raised slab at a point where "the rise was greater." She offered precisely zero evidence as to the measurement of this purportedly "greater" rise. "A party may not avoid summary judgment based on mere speculation and conjecture [citation], but instead must produce admissible evidence raising a triable issue of fact." (Compton v. City of Santee (1993) 12 Cal.App.4th 591, 595-596.)
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