Nguyen v. Lam

Plaintiff filed personal injury action for injuries sustained when she stepped on a catch basin in a backyard and the lid gave way. Court erred in granting summary judgment for Defendant property owners. Plaintiff presented sufficient evidence to show a genuine issue of material fact about whether Defendants had constructive notice of the dangerous condition of the catch basin. A jury could infer from testimony and photographic evidence that the deteriorated condition of catch basin and surrounding concrete occurred over extended period of time so that Defendants would have discovered dangerous condition in exercise of reasonable care. (REYES and HALL, concurring.)