Shirley Hale v. Erwin Ostrow, Rose Ostrow, Max Ostrow - Dissenting

Case Number
W2003-01256-COA-R3-CV

I must respectfully dissent from the majority Opinion in this case. I disagree first with the majority’s characterization of the evidence. The majority states that Ms. Hale “admitted” that the cause of her fall was a crumbled section of sidewalk in front of the Ostrow property. Ms. Hale certainly contended that the crumbled sidewalk contributed to her fall,but at no point did she concede that it was the only cause. She clearly alleged that she was forced to attempt to walk in the street because the overgrown bushes from the Ostrow property blocked the sidewalk:

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Judge Rita L. Stotts
Case Name
Shirley Hale v. Erwin Ostrow, Rose Ostrow, Max Ostrow - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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