The defendant municipality sought leave to appeal a motions judge's refusal to grant summary judgment dismissing the plaintiff's claim.
The plaintiff sued for damages after slipping and falling in a pothole while crossing a roadway.
The Divisional Court denied leave to appeal, finding no good reason to doubt the correctness of the motions judge's conclusion that genuine issues of material fact required a trial, particularly regarding the state of repair of the roadway and the municipality's duty of care to pedestrians crossing outside of designated crosswalks.
