Stathoulis v. City of Montebello

In Stathoulis v. City of Montebello (2008) 164 Cal.App.4th 559, the plaintiff was crossing a street on a clear evening when the heel of her shoe became embedded in a hole. When she attempted to regain her balance with her other foot, that foot also became embedded in one of two adjacent holes. (Id. at pp. 563-564.) The depth of the deepest hole was an inch and the three holes were one to four inches apart. (Id. at p. 564.) In reversing summary judgment in favor of the city on the ground that the defect was trivial, the appellate court noted that "the question here is close," but found that a triable issue existed regarding the degree of dangerousness of the holes. (Id. at p. 569.) Unlike the single crack in which appellant tripped here, "the presence of not one, but three, irregularly shaped and sizeable holes of about an inch deep flanking one another in the street may have both increased the risk of injury to a reasonably careful pedestrian, and decreased the possibility of his or her recovery." (Ibid.)