Trial lawyers specializing in personal injury and civil litigation
Court enforces "2 inch discontinuity defect rule" for defective sidewalks
When the Plaintiff offered an exhibit showing that the sidewalk crack where she fell was only 1 and 7/8ths inches in height, her fate was sealed.
In Jurstik v. City of Owosso, the Plaintiff tripped over a heaved section of sidewalk and fell. The Court of Appeals held, though, that since the difference in height between the two sections of sidewalk was less than two inches, she could not maintain her statutory action against the City. The Court relied upon the state "policy" of tolerating discontinuity defects of up to 2 inches, which policy creates a rebuttable presumption of reasonable care.