The defendants of this case had filed for a summary judgment requesting dismissal for the personal injury complaint of the plaintiffs. The defendants have further claimed that the plaintiffs had failed in establishing that the alleged cause of their trip and fall was a defect on the premises. The defendants also contested that the reason for the plaintiffs’ fall was a trivial matter.
According to the plaintiff, she sustained personal injuries because she tripped and fell on the sidewalk just outside of the popular fast food chain. The restaurant and the physical property were owned by the defendant.
The plaintiff said in her testimony that the weather conditions on the day of the accident were cold. She went on to say that there was no snowfall or ice on the ground. The plaintiff is a regular user of the sidewalk in question since she used that route when getting to and back from her job. According to the plaintiff, there was not much room to move around on the sidewalk. She couldn’t have avoided the accident that day. She allegedly tripped on the uneven part of the sidewalk fronting the defendant’s premises. She also added the sidewalk was not crowded during that time.