According to the Opinion, the Plaintiff allegedly tripped and fell on a sidewalk concrete slab that was broken at the time and on which there was gravel.
The court had originally previously denied the moving Defendant’s original Motion for Summary Judgment, finding issues of fact.
Similarly in this matter, upon further review of the case presented, the court noted that the Plaintiff, who had since passed away since the happening of the incident, testified at her deposition that she could not remember important details such as what happened right after she took the step that allegedly resulted in her falling.
The court also noted that, review of the pictures provided by the Plaintiff did not reveal any clear images that depicted the alleged broken or defective concrete, or any other defects, that the Plaintiff alleged.
Accordingly, upon reviewing the record again, the court found that the Plaintiff’s case was circumstantial and, at best, only revealed that there was gravel present when she fell.
The court ultimately held that the Plaintiff failed to provide any evidence that linked any of the alleged potential defects to the Plaintiff’s fall and the Plaintiff's resultant injuries.
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Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (Sept. 18, 2025).