"Defective sidewalk" claim allowed to go to the juryRebecca Castellanos sued the City of Pontiac after falling on a defective sidewalk. She argued that a large defect in one slab of concrete caused her to lose her balance and fall, and she presented the affidavit of an expert to substantiate the nature of the defect and the fact that it had existed for more than 30 days. The City asked that the case be dismissed, arguing that the defect--as depicted in photographs--did not satisfy the so-called "two-inch rule," and therefore an inference was established that the alleged defect was not unreasonable.
Ultimately, the Court of Appeals concluded that it was a question for the jury to decide whether the defect was greater than two inches and not reasonably safe. It concluded that the City was not entitled to a "presumption of due care" under the proofs as they were presented, and would have to defend that claim that the sidewalk was defective.