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Partner Rebecca K. Devlin Successfully Obtains Summary Judgment

Posted: July 17, 2020

Partner Rebecca K. Devlin obtained summary judgment for a municipal client in a case involving a pedestrian-knockdown accident allegedly caused by improper snow removal by the municipality. The plaintiff sustained severe injuries when she was struck by a vehicle as she walked in the roadway on a dark evening. The plaintiff argued that she was forced to walk in the roadway, as opposed to on the sidewalk, because of a high snow mound on the sidewalk that existed as a result of the municipality’s snow removal operations. It was uncontested that the municipality did not receive prior written notice of the allegedly dangerous condition on the sidewalk. The allegation was that the “affirmative act of negligence” exception to the prior written notice law applied to the case. Rebecca successfully argued that the municipality did not, merely by plowing the roadway, create a dangerous condition through an affirmative act of negligence.