(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.)
Plaintiff Judy Brown’s Memorandum of Points and Authorities in Opposition to Defendant Universal Mall’s Motion for Summary Judgment
STATEMENT OF FACTS
Plaintiff Judy Brown and her husband, Kenneth, residents of Sacramento, California, went to Universal Mall, a shopping center located in Sacramento, California, on March 14, 2007. After parking their car in the “B” lot of the Mall, they entered the Macy’s store. After approximately two hours of shopping, Plaintiff’s husband, Kenneth, decided to return to the car to wait for his wife. When Plaintiff Judy Brown finished her shopping, she exited Macy’s, from the Home Furnishings door, and began walking on the sidewalk adjacent to the store. While walking, she tripped and fell because of a defect in the sidewalk, to wit: a gap and upraised portion on the sidewalk. Photographs depicting the gap and upraised portion of the sidewalk were taken by her husband, Kenneth, and are attached to his Declaration as Exhibits 1 and 2, and are incorporated herein.
At her deposition, Plaintiff Judy Brown mistakenly testified that the upraised portion of sidewalk was one-half inch in height. It’s height is actually 1″ high (See Plaintiff’s Declaration, at Paragraph 6; also see photographs attached as Exhibits 1 and 2 to the Declaration of Kenneth Brown).
Further, Plaintiff Judy Brown was not asked any questions about the “gap” in the pavement
According to the declarations of Mr. and Ms. Brown, the gap in the pavement was significant, measuring at least 1″ in width, and the gap is located where the upraised portion of pavement is located. (Supported by Exhibits 1 and 2 attached to the Declaration of Kenneth Brown.) (See Part 2 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.