The plaintiff brought an action against the City for injuries sustained after slipping and falling on a snow-covered tree root on private property adjacent to a City sidewalk.
The plaintiff had stepped off the plowed sidewalk to avoid people waiting at a bus stop.
The City moved for summary judgment on the grounds that the fall occurred on private property, the claim was barred by the 10-day notice requirement under the Municipal Act, and there was no gross negligence.
The court granted the motion, finding that the plaintiff failed to provide a reasonable excuse for the late notice and that the City had met its duty of care by plowing the sidewalk.
