In a recent court decision, the City of South Lake Tahoe was cleared of liability in a lawsuit filed by Lorenza Maksimow, who claimed that she slipped on an ice patch in a public parking lot. The case was filed in the Superior Court of El Dorado County, with the judgment affirmed by the Court of Appeal of California on November 4, 2024. Maksimow alleged that the city failed to address a dangerous condition on its property, but the court found no evidence to support her claims.
The incident occurred on March 26, 2020, when Maksimow fell and injured her ankle while retrieving her car from a public parking lot. She claimed that an ice patch near a parked Mitsubishi sedan constituted a hazardous condition under Government Code sections 830 and 835. Maksimow sought compensatory damages for wage loss, medical expenses, and pain and suffering. However, the City argued it had no prior notice of such conditions and moved for summary judgment.
The City's defense relied heavily on evidence showing no previous complaints or service requests related to snow or ice removal in the parking lot for over three years before Maksimow's fall. Furthermore, photographs taken two weeks prior to the incident showed no signs of ice or snow near the Mitsubishi. The City also highlighted its snow removal policy which prioritizes clearing when snowfall exceeds three inches—a threshold not met according to weather data presented by James Steed from the parks department.
Maksimow countered with evidence including climatological data suggesting significant snowfall just before her accident and expert testimony from Jeremy Swenson asserting negligence in snow removal practices. Despite this, the trial court found these arguments insufficient to establish actual or constructive notice of danger by the City.
Judge Leanne K. Mayberry ruled in favor of South Lake Tahoe, stating that there was no substantial proof that city employees were aware or should have been aware of any dangerous conditions leading up to Maksimow’s fall. The appellate court upheld this decision upon review.
Representing Lorenza Maksimow was Andrew J. Botros from Bickford, Blado & Botros law firm while Heather L. Stroud and Daniel J. Bardzell served as legal counsel for South Lake Tahoe's defense team.