Dolquist v. City of Bellflower

In Dolquist v. City of Bellflower (1987) 196 Cal. App. 3d 261, the plaintiff fell and was injured after catching her shoe heel on a piece of rebar protruding one-quarter inch from a concrete tire stop over which she was stepping. In reversing summary judgment for the defendant, the Court of Appeal held: "Although it is for the court to determine whether, as a matter of law, a given defect is not dangerous, the court should not rely solely on the size of the particular defect in making that determination." ( Id. at p. 267.) The court held that the trial court should consider not only the size of the defect, but also the circumstances surrounding the incident which might have rendered the defect more dangerous than indicated by the size of the defect alone. The court gave examples of surrounding conditions that should be considered: whether the accident occurred at night in an unlit area, whether the view of the defect was obstructed, the shape and configuration of the defect, whether the defect had caused injury to others, etc. ( Dolquist v. City of Bellflower, supra, at pp. 267-268.)