Court upholds sidewalk "trip and fall" judgment against City of Flint
Gary Hovanec suffered permanent injuries when he fell while power-walking on the sidewalk after his second shift ended. Through its employees, the City of Flint agreed that the guardrail that tripped Hovanec was not "reasonably safe" and it also admitted that there had been unreasonable delay in responding to the condition. Both sides waived a jury and asked the Court to render judgment. Ultimately the judge gave a reasoned basis for a judgment in excess of $800,000.00, with 25% comparative fault. The City appealed, seeking remittur or a ruling that the damages were "against the great weight of the evidence." The Court of Appeals unanimously upheld the lower court's decision, finding it was supported by the facts of the case.