The plaintiff tripped and fell on a 50 mm milled asphalt edge while crossing a road under construction at night, sustaining a broken arm.
She sued the municipality under the Municipal Act and the paving contractor under the Occupiers' Liability Act.
The court found that the defendants breached their respective duties by failing to install a temporary ramp at the pedestrian crossing, which constituted an unreasonable hazard.
However, the plaintiff was found 35% contributorily negligent for failing to keep a proper lookout in a known construction zone.
The defendants were held jointly and severally liable for 65% of the agreed damages.
