The plaintiff suffered a broken leg after slipping on concrete slurry that had pooled on a municipal sidewalk.
The trial judge found the adjacent property owners liable for creating the slurry and the City liable for failing to keep the sidewalk in a reasonable state of repair, apportioning 20% liability to the City.
The City appealed, arguing the trial judge erred in finding the sidewalk was in a state of non-repair and in his causation analysis.
The Court of Appeal dismissed the appeal, finding sufficient evidence supported the trial judge's conclusions that the sidewalk's reverse slope and improper grinding repairs constituted non-repair, and that these conditions were a contributing cause of the pooling slurry and the plaintiff's fall under the 'but for' test.
