Uneven Sidewalk • Trip and Fall
Reyes v. Shah, PICS Case No. 16-1036 (C.P. Northampton July 7, 2016) Murray, J. (8 pages).
Property owner of land on which an uneven sidewalk caused an individual to trip and fall sought to have the case dismissed for failure to state a claim, on the basis of conflicting attributions of the site of the fall, since the location was in front of two conjoined house numbers. The property owner sought a demurrer for the claims against his property, but the court found that both complaints addressed the same cause of action. Dismissing it would require a premature decision on the liability of the alternate address. The court overruled the property owner’s demurrer.
