This personal injury action concerned a slip and fall on an icy condominium roadway.
The plaintiff sued the condominium corporation and its snow removal contractor for negligence.
The contractor was deemed an occupier under the Occupiers' Liability Act.
The central issue was whether the contractor applied road salt in a sufficiently timely manner to prevent dangerous icy conditions.
The court found the contractor negligent for failing to apply road salt concurrently with or immediately after plowing, which led to the formation of a hazardous icy surface.
The contractor's operational system, which relied on the owner personally handling all salting for numerous properties, was identified as problematic and overstretched.
The court dismissed the defendants' claim of contributory negligence against the plaintiff and found the defendants liable for the plaintiff's injuries.
