The plaintiff sued the municipality for negligence after tripping and falling in a pothole on a residential road.
The parties agreed on damages of $100,000, leaving liability as the sole issue.
The court applied the four-step test for municipal non-repair under the Municipal Act.
The action was dismissed because the plaintiff failed to provide reliable evidence of the pothole's dimensions, thereby failing to prove that the road was in a state of non-repair that posed an unreasonable risk of harm.
The court noted that had liability been found, the plaintiff would have been 15 percent contributorily negligent for failing to pay reasonable attention to the roadway surface.
