Pedestrian brought action against city seeking damages stemming from trip and fall on city sidewalk. The trial court granted summary judgment in favor of city. Pedestrian appealed.
The Court of Appeals held that genuine issue of material fact existed regarding whether city had superior knowledge of hazard caused by two-tiered sidewalk, precluding summary judgment.
“I knew I was coming up to the steps, so I paid attention. I just didn’t see the step there…. The next thing, I just sort of-I was going-I just shot out like that, and my head was going towards the car that was parked there, and I thought I was going to hit the car head-on. And then I just splatted on the sidewalk.”