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

This is a premises liability and nuisance case that arose when Plaintiff fell on a public sidewalk. Plaintiff’s fall occurred on a patch of broken concrete located on the portion of sidewalk abutting Neighbor’s property, which is located immediately to the north of the lot owned by Defendants. Plaintiff filed suit alleging that her fall was caused, in part, by overgrown bushes on Defendants’ property that obstructed passage on the sidewalk. Defendants moved for summary judgment, arguing that, because the fall took place on broken concrete in front of Neighbor’s property, Plaintiff cannot establish duty or causation. The trial court granted Defendants’ motion, and, for the following reasons, we affirm.