KASPARIAN v. AVALONBAY COMMUNITIES

No. B196272.

66 Cal.Rptr.3d 885 (2007)

156 Cal.App.4th 11

Christine KASPARIAN, Plaintiff and Appellant, v. AVALONBAY COMMUNITIES, Defendant and Respondent.

Court of Appeal of California, Second District, Division Seven.

October 15, 2007.


Attorney(s) appearing for the Case

Doumanian & Associates and Nancy P. Doumahian, Pasadena, for Plaintiff and Appellant.

De Simone & Huxster and Gerry De Simone, Agoura Hills, for Defendant and Respondent.


JOHNSON, Acting P.J.

Plaintiff Christine Kasparian appeals from the summary judgment entered in favor of defendant Avalonbay Communities, Inc. (Landlord) on the ground the recessed drain, as a matter of law, was both an open and obvious condition and a trivial defect which negated any duty of care on the part of Landlord to the 80-year-old Kasparian who sustained severe injuries from a fall after she tripped.1 We reverse the judgment....

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