Summary Judgment Affirmed on Appeal - Trip and Fall May 2017
Scott D. McKenna and Scott B. Dolezal
Scott McKenna and Scott Dolezal obtained summary judgment on behalf of a municipality where the plaintiff alleged she tripped and fell as a result of a 2” sidewalk defect and suffered a significant shoulder injury involving surgery. BVH was able to prove that the municipality utilized its discretion, and thus was immune under the Tort Immunity Act, when it decided whether to fix the sidewalk defect at issue. It was undisputed that the municipality had notice of the defect at issue, but BVH obtained evidence that inspections and repairs to the sidewalk were conducted by the Public Works chief as part of his position to set policy and that the decision whether to make repairs was solely in the chief’s discretion as part of that plan. The Appellate Court agreed with the trial court’s decision on all issues.