The plaintiff sued the defendant municipality after a street sign fell on him while he was standing on the untraveled portion of a highway.
The plaintiff moved to amend the statement of claim to add public nuisance, which was granted.
Both parties moved for summary judgment on liability.
The court dismissed the defendant's motion, finding that the plaintiff had a reasonable excuse for failing to provide strict written notice under s. 44(10) of the Municipal Act, and that s. 44(8) does not bar pedestrian claims for injuries on untraveled portions of the highway.
The court also dismissed both parties' motions for summary judgment on liability, finding genuine issues for trial regarding the standard of care, foreseeability, and causation.
