Step on a Crack: City Says Woman Should Have Avoided Sidewalk Crack
A jury finds no liability against Delray Beach in a pedestrian's sidewalk fall.
February 24, 2020 at 02:19 PM
1 minute read
PERSONAL INJURY
PALM BEACH CIRCUIT COURT
A jury ruled for Delray Beach and against a woman who sued after falling on a cracked municipal sidewalk.
M. Estelle Spike, 69 at the time of her fall in March 2017, claimed the crack created a dangerous variation of the sidewalk's elevation and caused her to trip. She fractured a shoulder and claims permanent residual limitations.
The city contended the crack was easily noticed and not dangerous, and Spike conceded that she was distracted in the moments before her fall. The jury found no wrongdoing by the city.
Case: Spike v. City of Delray Beach
Case No.: 50-2018-CA-016188-XXXX-MB
Plaintiffs attorney: Pro se
Defense attorney: William M. Bennett, City Attorney's Office, Delray Beach
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