Personal Injury - Defect on Sidewalk - Wilkes-Barre, Scranton Personal Injury Lawyers

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Personal Injury - Defect on Sidewalk

In  of Mull v. Ikes, 2010 PA Super 80 (May 4, 2010) the court held that since the defect in the sidewalk was not trivial as a matter of law, summary judgment for Defendant was vacated.The testimony of the Plaintiff revealed that Plaintiff stepped into an uneven gap on the Defendant’s sidewalk and sustained a twisted ankle. Photographs in the case showed a gap in the sidewalk of measuring approximately  2 inches, with a  height difference of approximately 1-1/2 inches between slabs of concrete surrounding the gap.  The uneven sidewalks or gap was in the direct line of travel of persons entering building of the Defendant. The court held that prior knowledge of the Plaintiff regarding sidewalk was improperly considered by the court when determining if the defect in the sidewalk was trivial as a matter of law. Summary judgment for the Defendant was reversed.

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