Justice Manuel Mendez
Bock sought to recover for personal injuries resulting from his slip and fall on a wet sidewalk in front of defendants' premises. Defendants moved for summary judgment arguing the sidewalk was not inherently dangerous, nor did they create or have notice of a dangerous condition. Defendant Pasticceria Bruno's workers testified they assisted Bock after his fall, and observed that while it was raining at the time of the accident, there were no defects in the sidewalk where he fell. Defendants' expert engineer stated, after inspection of the area, that there was no tripping hazards or defects in the area, and the slip resistance of the walkway surfaces was in a safe range, and in line with the accepted industry standards. Bock argued there were issues of fact if defendants neglected to maintain their property in a reasonably safe condition. The court stated the fact a sidewalk was slippery when wet with rain gave no cause of action to a person who suffered an accident, absent evidence the sidewalk was defective. It ruled the fact a sidewalk was wet from rain was not a dangerous condition as to impose liability on a defendant in a slip and fall action. As Bock failed to present issues of fact precluding judgment, dismissal was granted to defendants.
