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GILBERT v. CITY OF LOS ANGELES

Docket No. 29117.

249 Cal.App.2d 1006 (1967)

58 Cal. Rptr. 56

FLORENCE GILBERT, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

April 10, 1967.

Attorney(s) appearing for the Case

Hillel Chodos for Plaintiff and Appellant.

Roger Arnebergh, City Attorney, Bourke Jones, Assistant City Attorney, Victor P. Spero and George J. Franscell, Deputy City Attorneys, for Defendant and Respondent.

STEPHENS, J.

This is a trip and fall case involving a sidewalk pedestrian and the City of Los Angeles. The action is based on the theory of defendant city's duty to maintain the sidewalk in a reasonably safe condition. No actual notice of the defect was proved. The lengthy time of existence of the defect (at least from July 1957 to the date of the accident on July 19, 1959) established constructive notice thereof. The defect was not minimal, extending lengthwise some...

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