A recent court decision has reversed a summary judgment in favor of a state department, highlighting ongoing concerns about public safety and infrastructure maintenance. On July 24, 2024, Sirious Ghermezian filed an appeal in the Court of Appeal of the State of California, Second Appellate District, Division Two, against the State of California. The case centers around a trip-and-fall incident that Ghermezian claims was caused by a dangerous condition on a sidewalk maintained by the California Department of Transportation.
The incident occurred on June 11, 2019, when Ghermezian tripped over a raised portion of the sidewalk at the intersection of two concrete slabs near 11540 Santa Monica Boulevard in Los Angeles. He subsequently filed a lawsuit alleging that the State of California was liable for maintaining a hazardous condition. The defendant sought summary judgment on the grounds that the defect was trivial. They relied on Ghermezian's initial deposition estimate that the height differential between the slabs was less than one inch and testimony from a road crew supervisor who reported no prior complaints about tripping hazards at that location.
However, Ghermezian contested this characterization by providing additional evidence from his deposition where he recognized, after reviewing photographs, that the height differential exceeded one inch. He also submitted his declaration noting loose pebbles and rocks where the lower slab was broken and wood chips and leaves along the crack between slabs. His attorney's inspection six weeks post-incident measured the height differential as ranging from 1¼ to 1½ inches.
Ghermezian further bolstered his case with testimony from a road crew supervisor who acknowledged in a "Curb & Sidewalk Condition Report" from 2015 that identified the sidewalk uplift as a trip hazard needing repair—a repair that had not been executed. A safety and liability expert corroborated these findings with measurements showing a 1⅞-inch height differential at the middle of the slab where Ghermezian tripped. The expert opined that various factors combined to create a dangerous condition: exceeding one inch in height differential, jagged edges capable of catching pedestrians' feet, loose aggregates and debris, poor visibility due to shadows and lack of delineation.
Despite objections from the respondent regarding hearsay and improper legal conclusions in expert declarations—which were sustained by the trial court—the appellate court found triable issues regarding whether or not this sidewalk defect could be considered trivial under all circumstances presented.
Ghermezian seeks relief through acknowledgment of negligence on part of California Department of Transportation for failing to maintain safe public walkways and compensation for injuries sustained due to their oversight.
The attorneys involved include Raymond Ghermezian representing Sirious Ghermezian and Holbrook Montoya Dadaian Solares DelRivo Bowman Berkebile Germaine C. Ng representing State Of California. The case was presided over by Judge Audra M. Mori in Los Angeles County Superior Court under Case ID No. 19STCV46510.