Schedule a Consultation | Toll Free: 1-800-678-1307
Trial lawyers specializing in personal injury and civil litigation

Expert opinion is adequate to allow pedestrian case to go forward against City of Pontiac

Mary Bancroft sued the City of Pontiac after falling in an asphalt defect that was covered with leaves.  She retained an expert who testified that Earlmoor Street in the area of the fall was not reasonably safe at the time of the fall. He explained that the crumbled and eroded asphalt presented an unreasonable hazard and that it had deteriorated over a time period that allowed the City reasonable notice to act. 

The trial court held that the expert's opinion was not adequate to create a question of fact regarding the City's failure to maintain the street.  The Court of Appeals disagreed and reinstated Bancroft's claim.  It noted that the expert relied on a visit to the scene, Department of Transportation plans, photographs of the condition and his own education and experience, making his opinions admissible.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262