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Defective sidewalk case is dismissed

A gentleman named Salem Elbgal sued the City of Dearborn after falling and breaking his hip.  He claimed that his fall was caused by an accumulation of ice and snow at the area of a disruption in the City sidewalk.  The Court of Appeals upheld the dismissal of his claim.  The panel of judges noted that the disruption in the sidewalk was less than two inches in height, leading to the inference that it was reasonably safe; it held that Elbgal had not presented adequate evidence to rebut this inference.  The Court also held that the natural accumulation of ice and snow, alone, cannot warrant an unsafe road or sidewalk claim, and that Elbgal had not proved "a combination of ice and snow and [sidewalk] defect that, in tandem, proximately cause[d] the slip and fall."  It will surprise no experienced attorney that Judge Henry Saad was on this panel, voting against an injured person.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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