Cyr v. VKB, LLC
Plaintiff sought damages for injuries sustained when she tripped on a public sidewalk that abutted the defendant’s property. Court affirmed the trial court’s summary judgment in favor of the defendants on counts one and two as § 21-37 did not shift liability to the defendants. It affirmed summary judgment on counts four and five because there was no allegation in either that any positive act on the part of the defendant’s caused settling on the sidewalk. It reversed summary judgment on counts three, six and seven because the defendants failed to negate the factual claims in the complaint alleging they constructed the sidewalk with a defect that caused the plaintiff’s injuries. Thus, there was a genuine issue of material fact—negating summary judgment.