While walking on the sidewalk, a man allegedly had a trip and fall accident on a portion of the sidewalk near the City Library which rests against metal grating. As a result of the accident, Gray sustained injuries to his left hand, his left forth finger, and to other parts of his body. He filed summons and complaint against five defendants. The action is to recover monetary damages for personal injuries sustained.
Sources revealed that Defendant A is a City in the U.S, Defendant B is a City Transit Authority, Defendant C is a Metro Transit Authority, Defendant D is an electric service provider and Defendant E is a public library. Defendants B and C requested to dismiss the complaint and all cross claims made against them. They contend that the plaintiff and the co-defendants have failed to state a cause of action as against them and that there are issues capable of trial in dispute as they do not own, maintain, operate or control the sidewalk or the grating where plaintiff fell. Defendant A argued that it is neither the owner of the subject sidewalk, nor is responsible for its maintenance. Defendant D argues that a question of fact exists whether it was responsible for maintaining the sidewalk as the Library has admitted in a previous case that it entered into a contract with a construction company for its rehabilitation and replacement.
The Plaintiff claims that the contractors previously performed work on behalf of the Library at the location of the accident.