The defendant sought summary judgment to dismiss the plaintiff's slip and fall claim on a municipal sidewalk adjacent to its retail store.
The central issue was whether the defendant was an "occupier" of the sidewalk under the Occupiers' Liability Act or owed a common law duty of care.
The court found no special circumstances to deem the defendant an occupier, nor sufficient objective evidence to establish a common law duty of care arising from conditions on its property affecting the sidewalk.
The motion for summary judgment was granted, and the action was dismissed.
