The defendant contractor brought a motion for summary judgment to dismiss the plaintiffs' claims for damages arising from a slip and fall on a temporary ramp constructed during road work.
The plaintiffs brought a cross-motion for partial summary judgment on liability.
The court found that the defendant was an occupier and breached its statutory duty of care by constructing an unmarked, unlit temporary ramp with a drop-off.
The court granted the plaintiffs' cross-motion, finding the defendant liable for the fall, and ordered the issue of damages to proceed to trial.
