Daley Wins on Appeal

Karen Daley, an attorney in our Livonia office, recently obtained a favorable result for a local municipality. The Plaintiff tripped and fell on a raised portion of a sidewalk. Our Firm filed a Motion for Summary Disposition based upon the doctrine of governmental immunity, which was denied.  Ms. Daley, head of the Firm’s appellate department, filed an appeal.The Court of Appeals reversed the trial court and remanded the case for entry of summary disposition in favor of our client.  The Court found that the Plaintiff failed to present any evidence that the concrete slab height differential rendered the sidewalk not reasonably safe and convenient for public travel.  The Court relied on testimony that there were a lot of walkers and kids playing in the area without incident. Also, the Court disregarded the testimony of the Plaintiff’s expert, reasoning that, even if his assertion that the sidewalk was a trip hazard was true, such an assertion does not tend to show that the sidewalk was not reasonably safe.

Karen M. Daley, an attorney in our Livonia office, concentrates her practice on appellate law and municipal law.  She can be reached at (734) 261-2400 or kdaley@cmda-law.com.