Verdict Overturned in Slip-And-Fall Case

By Daniel Hawn

Published on December 01, 2005

A Michigan state appeals court recently overturned a $25,000 verdict made in favor of a woman who was injured after she slipped and fell on ice outside of a public library.

In the lawsuit, Margaret Roberts, 73, of Gaylord, claimed that she suffered a broken ankle that became infected and required multiple surgeries. Roberts also claims to have incurred kidney damage due to her diabetes.

The fall occurred in January 2001 outside of the Otsego County Library. Roberts claims that a curb cutout that allowed wheelchair access had become covered with ice and snow. As she walked over it, she slipped and broke her ankle.

In October 2002, Roberts filed a lawsuit against Otsego County, alleging that the portion of the sidewalk on which she fell belonged to a public building. She won a $25,000 verdict in the case.

Recently, however, a state appeals court overturned the verdict.

Bradley D. Wierda, an attorney who represented Otsego County, said that the real issue was whether a flaw in a public building was responsible for Roberts' fall. If so, this would have exempted Roberts' claim from state governmental immunity laws.

In their decision, the three appeals court justices concurred with Wierda.

Robert's attorney plans to appeal to the Michigan Supreme Court.

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