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.
The Defendant followed up with a Motion for Reconsideration. When reviewing the Defendant’s Motion for Reconsideration, the court reviewed an additional unpublished Superior Court case provided by the Defendant. In that Superior Court case, the appellate court had granted summary judgment where that plaintiff had not specifically identified which of multiple defects on the walking surface actually caused that Plaintiff to fall.
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.
Anyone wishing to review a copy of this decision may click this LINK.
Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (Sept. 18, 2025).
Source of image: Photo by Victor Moragriega on www.pexels.com.
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