Ligerman v. Black CA2/2

Filed 5/28/24 Ligerman v. Black CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

KERI BERNARD LIGERMAN, B329347 Plaintiff and Appellant, (Los Angeles County v. Super. Ct. No. 21STCV17504) STANLEY BLACK, Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Jill T. Feeney, Judge. Affirmed. Ferguson Case Orr Paterson and Joshua S. Hopstone for Plaintiff and Appellant. Olson Law Group, Sonali Olson and Sherri E. Matta for Defendant and Respondent.

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Keri Bernard Ligerman (plaintiff) sued Stanley Black (defendant) for premises liability after she fell on the driveway of his home. The trial court granted defendant summary judgment. Plaintiff appealed. We conclude there are no triable issues of fact as to defendant’s liability and affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Facts Plaintiff arrived at defendant’s home for a charity event on May 18, 2019. It was daylight; the weather was clear and sunny. Plaintiff parked her car on the large driveway outside the home. She saw her cousin standing a few feet away. Plaintiff left her car, walked toward her cousin, and fell on the driveway. At the time, the driveway was dry and clear of leaves, dirt, and debris. Plaintiff did not look at the ground before or after she fell. Plaintiff was later uncertain where she fell on the driveway. Her daughter identified the approximate location of plaintiff’s fall. The driveway is made of concrete stamped in a cobblestone pattern installed in 1984. Plaintiff is defendant’s niece. Since 1984, she visited his home on numerous occasions and was aware of the composition of the driveway. Plaintiff made a conscious decision to wear flat shoes when visiting defendant due to the driveway’s characteristics. Plaintiff alleged she fell when the toe of her right sandal became wedged between the cobblestone impressions stamped in the concrete driveway. From 1984 until May 18, 2019, over 200 guests had attended over 120 events at defendant’s home. No one had reported seeing or hearing about anyone falling on the driveway. Once, while wearing heels, plaintiff’s daughter fell on the driveway sometime between 2010 and 2015. She never told anyone about her fall, saw anyone else fall, or heard about