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Horvitz & Levy successfully defended the trial court’s decision to grant summary judgment in favor of a property owner. 

Plaintiff Jessyca Hinshaw was attending an appointment at the Department of Rehabilitation when she claims she fell and hit her head on the concrete pavers outside the building, causing a traumatic brain injury and other serious injuries requiring medical treatment.  Although Hinshaw did not remember how the fall happened she sued the owner of the building, defendant Anaheim City Centre Property, alleging causes of action for premises liability, negligence, and negligence per se.  City Centre moved for summary judgment, contending the evidence showed at most a trivial defect and there was no triable issue of material fact as to the cause of the accident.  The trial court granted summary judgment and plaintiff appealed.  

Horvitz & Levy was retained to handle the appeal.  On appeal, Horvitz & Levy argued that judgment was properly granted under the trivial defect doctrine and that plaintiff failed to create a triable issue of fact regarding causation.  The Court of Appeal affirmed, holding that the claimed defect was trivial as a matter of law and that plaintiff failed to introduce admissible evidence demonstrating that there was a dangerous condition.