Court Rejects Plaintiff's Claim of Physical Defect of Sidewalks
by
Joseph C. Maya on Jun. 07, 2017
Accident & Injury Slip & Fall Accident Accident & Injury Personal Injury
Summary: A blog post about a case out of Connecticut involving sidewalk maintenance and duty of care.
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The “positive act” exception to a rule that exonerated abutting property owners from liability for defective sidewalks did not apply to growing grass. Plaintiff Elle McFarline sued Janet Mickens and alleged that she fell on a broken sidewalk because grass and weeds concealed a physical defect. The complaint alleged that defendant failed to cut the grass. Defendant estate administrator moved for summary judgment and argued that defendant’s decedent did not owe plaintiff a duty of care and was not legally responsible. The court found that the “positive act” exception to the general rule that exonerated abutting property owners from liability for defective sidewalks did not apply to growing grass.
The court also found that a Meriden grass cutting ordinance failed to shift legal responsibility from the municipality to the individual. The court granted defendant’s motion for summary judgment.
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Source: CT Law Tribune
