LECHLER v. CITY AND COUNTY OF SAN FRANCISCO

No. A076425.

76 Cal.Rptr.2d 559 (1998)

Margaret LECHLER, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

As Modified on Denial of Rehearing August 4, 1998.

Review Denied September 30, 1998.


Attorney(s) appearing for the Case

Albert L. Boasberg, San Francisco, for Plaintiff and Appellant.

Louise H. Renne, City Attorney, Patrick J. Mahoney, Chief Trial Attorney, Blake P. Loebs, Deputy City Attorney, for Respondent City and County of San Francisco.

Richard B. Melbye, Owen & Melbye, Redwood City, for Respondent Zim's Restaurant.


POCHÉ, Associate Justice.

In this slip-and-fall case we conclude the trial court erred in granting defendants' motion for summary judgment. That court determined that plaintiff's affidavits submitted in opposition to the motion must as a matter of law be disregarded because they contradicted "admissions" contained in her deposition testimony concerning the cause of her slip and fall. We hold that the trial court's rule was not compelled by D'Amico v. Board...

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