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WILLIAMS v. FOSTER

Docket No. H003469.

216 Cal.App.3d 510 (1989)

265 Cal. Rptr. 15

DENNIS W. WILLIAMS, Plaintiff and Respondent, v. CALVIN FOSTER, Defendant and Appellant; CITY OF SAN JOSE, Defendant and Respondent.

Court of Appeals of California, Sixth District.

December 8, 1989.

Attorney(s) appearing for the Case

COUNSEL

Williams, Kelly, Polverari & Skelton, Steve Defillipis and Thomas J. Burns for Defendant and Appellant.

James F. Boccardo and John W. Coakley for Plaintiff and Respondent.

Joan R. Gallo, City Attorney, Laurence L. Spitters, Jr., and George Rios, Deputy City Attorneys, for Defendant and Respondent.

Louise H. Renne, City Attorney (San Francisco), Dennis Aftergut, Assistant City Attorney, Kimberly A. Reiley, John A. Peak and Marc G. Hynes, Deputy City Attorneys, James P. Jackson, City Attorney (Morgan Hill), and Lawrence M. Lunardini, Deputy City Attorney, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

CAPACCIOLI, Acting P.J.

This case involves a negligence action filed by Dennis W. Williams, an injured pedestrian, for damages resulting from a trip and fall accident on a public sidewalk against the City of San Jose and Calvin Foster, the owner of the property abutting the defective sidewalk. Apparently, the surface of the sidewalk had been made uneven by the roots of a tree...

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