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P1278 REVIEW DENIED Summary judgment for defendant entered on the ground that a defect plaintiff claimed to have caused the injury was trivial, open, or obvious, should not be based solely on photographs unless, considering subject, focal point, point of view, perspective, quality, and circumstances in which the photos were taken, the court determines that reasonable minds could not differ; in reviewing summary judgment based solely on photographs, the appellate court should examine them without deference to the trial court's conclusion.CitationKASPARIAN v AVALONBAY (Trivial Defect) 156 CA4 11 [See: Caloroso v Hathaway 122 CA4 922, T/AT 11/04]
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