{"id":1025,"date":"2016-08-11T07:00:24","date_gmt":"2016-08-11T12:00:24","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=1025"},"modified":"2018-04-12T12:38:52","modified_gmt":"2018-04-12T17:38:52","slug":"womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident\/","title":{"rendered":"Woman\u2019s Case Dismissed Because She Failed to Show that Crack in Sidewalk Was Present 30 Days Prior to Her Accident"},"content":{"rendered":"<p>In a recent <a href=\"https:\/\/law.justia.com\/cases\/michigan\/supreme-court\/2016\/152097.html\" target=\"_blank\">case<\/a>, a woman was injured after she tripped on a large crack between two sidewalk slabs. The woman sued the city, arguing that the city was liable for failing to maintain the sidewalk in reasonable repair. She claimed that the sidewalk\u2019s hazardous condition had been present for over 30 days before she fell. Indeed, under state law, this was a necessary element that needed to be proved\u00a0in order for her case to be successful.<\/p>\n<p>Under the state\u2019s law, for a sidewalk defect case, a plaintiff was required to prove that the city knew or should have known about the existence of the defect at least 30 days before the injury. If there was an obvious defect at least 30 days before the injury, the city was presumed to have knowledge of the defect. The city took the woman&#8217;s\u00a0deposition, and during her deposition she stated that she did not know how for how long the condition had been there. The woman submitted three photographs taken about 30 days after the accident, which were the only relevant evidence she had of the condition. The city moved to have the case dismissed. That state\u2019s supreme court found that the evidence of the photograph could not show that the defect existed at least 30 days before the woman\u2019s accident. Thus, the case had to be dismissed.<\/p>\n<p><strong>Summary Judgment Standard<\/strong><\/p>\n<p>Summary judgment is a decision made by a\u00a0court based on the available evidence. The judgment considers whether there is sufficient contradictory evidence that amounts to a dispute of an issue of material fact. If there is a sufficient dispute, the case should be sent to trial so that a judge or jury can resolve the factual dispute based on the evidence presented at trial. The purpose of summary judgment is not to make a decision on a factual dispute but instead\u00a0to decide whether a factual dispute exists.<\/p>\n<p> <a href=\"https:\/\/www.molllawgroup.com\/blog\/womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident\/#more-1025\" class=\"more-link\">Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a recent case, a woman was injured after she tripped on a large crack between two sidewalk slabs. The woman sued the city, arguing that the city was liable for failing to maintain the sidewalk in reasonable repair. She claimed that the sidewalk\u2019s hazardous condition had been present for over 30 days before she [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15,31],"tags":[],"class_list":["post-1025","post","type-post","status-publish","format-standard","hentry","category-personal-injury-legal-theories","category-premises-liability"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Woman\u2019s Case Dismissed Because She Failed to Show that Crack in Sidewalk Was Present 30 Days Prior to Her Accident &#8212; Illinois Injury and Mass Tort Lawyer Blog &#8212; August 11, 2016<\/title>\n<meta name=\"description\" content=\"In a recent case, a woman was injured after she tripped on a large crack between two sidewalk slabs. The woman sued the city, arguing that the city was &#8212; August 11, 2016\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.molllawgroup.com\/blog\/womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Woman\u2019s Case Dismissed Because She Failed to Show that Crack in Sidewalk Was Present 30 Days Prior to Her Accident &#8212; Illinois Injury and Mass Tort Lawyer Blog &#8212; August 11, 2016\" \/>\n<meta name=\"twitter:description\" content=\"In a recent case, a woman was injured after she tripped on a large crack between two sidewalk slabs. The woman sued the city, arguing that the city was &#8212; August 11, 2016\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Moll Law Group\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Woman\u2019s Case Dismissed Because She Failed to Show that Crack in Sidewalk Was Present 30 Days Prior to Her Accident &#8212; Illinois Injury and Mass Tort Lawyer Blog &#8212; August 11, 2016","description":"In a recent case, a woman was injured after she tripped on a large crack between two sidewalk slabs. 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The woman sued the city, arguing that the city was &#8212; August 11, 2016","twitter_misc":{"Written by":"Moll Law Group","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.molllawgroup.com\/blog\/womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident\/#article","isPartOf":{"@id":"https:\/\/www.molllawgroup.com\/blog\/womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident\/"},"author":{"name":"Moll Law Group","@id":"https:\/\/www.molllawgroup.com\/blog\/#\/schema\/person\/53d2eb37d5d0cdb46ac61abacf05ce90"},"headline":"Woman\u2019s Case Dismissed Because She Failed to Show that Crack in Sidewalk Was Present 30 Days Prior to Her Accident","datePublished":"2016-08-11T12:00:24+00:00","dateModified":"2018-04-12T17:38:52+00:00","mainEntityOfPage":{"@id":"https:\/\/www.molllawgroup.com\/blog\/womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident\/"},"wordCount":685,"articleSection":["Personal Injury Legal Theories","Premises Liability"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.molllawgroup.com\/blog\/womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident\/","url":"https:\/\/www.molllawgroup.com\/blog\/womans-case-dismissed-failed-show-crack-sidewalk-present-30-days-prior-accident\/","name":"Woman\u2019s Case Dismissed Because She Failed to Show that Crack in Sidewalk Was Present 30 Days Prior to Her Accident &#8212; Illinois Injury and Mass Tort Lawyer Blog &#8212; August 11, 2016","isPartOf":{"@id":"https:\/\/www.molllawgroup.com\/blog\/#website"},"datePublished":"2016-08-11T12:00:24+00:00","dateModified":"2018-04-12T17:38:52+00:00","author":{"@id":"https:\/\/www.molllawgroup.com\/blog\/#\/schema\/person\/53d2eb37d5d0cdb46ac61abacf05ce90"},"description":"In a recent case, a woman was injured after she tripped on a large crack between two sidewalk slabs. 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