A recent court decision has reignited a legal battle over a personal injury claim involving a local school district and an operator of a swap meet. On July 17, 2024, the Court of Appeal of the State of California reversed a previous judgment in favor of the defendants, Montebello Unified School District and Fenix Merchandise U.S.A., Inc., following an appeal filed by Maria E. Rangel.
The complaint was initially filed by Maria E. Rangel on October 22, 2018, in Los Angeles County Superior Court under case number 18STCV01908. Rangel alleged that she tripped and fell due to a dangerous condition on the property owned by Montebello Unified School District and operated by Fenix Merchandise U.S.A., Inc. The incident occurred on June 23, 2018, at a swap meet held at the location near Gage and Garfield. The plaintiff claimed that her injuries were caused by an unmarked bump or obstruction on the pavement which constituted a hazardous condition.
Rangel's lawsuit asserted two primary causes of action: maintenance of an inherently dangerous condition of public property under Government Code section 835 and vicarious liability for wrongful acts or omissions of public employees under section 815.2. The defendants responded with general denials and argued that the alleged defect was trivial and did not constitute a dangerous condition as defined by sections 830 and 835.
During summary judgment proceedings initiated by the defendants on October 22, 2021, they contended that there was no substantial risk posed by their property conditions. They presented expert testimony from Marc Blanchette who inspected the site and concluded that any height differential was minor and not hazardous. However, Rangel countered with expert declarations from Enrique Rivera and Brad Avrit who argued that there was indeed a significant bump which had been removed after her fall but was documented in photographs taken during their inspections.
The trial court initially sided with the defendants, granting summary judgment based on their evidence and sustaining objections to parts of Avrit’s declaration for relying on facts he did not independently verify. However, upon appeal, it was determined that triable issues remained regarding whether there was indeed a dangerous condition at the site where Rangel fell.
The appellate court's decision to reverse emphasized that reasonable minds could differ on whether the condition presented a substantial risk of injury. This conclusion rested heavily on photographic evidence (Exhibit 4) provided by Rangel which depicted an irregularly shaped raised area inconsistent with Blanchette’s measurements.
Represented by Raymond Ghermezian while defendants Montebello Unified School District and Fenix Merchandise U.S.A., Inc., are represented by Ann C. Hall from Law Offices of Beth M. Henderson.
The case is presided over by Judge Audra Mori in Los Angeles County Superior Court under Case ID B322606.