Simon v. Kennebunkport

417 A.2d 982 (1980)

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Nature of the Case

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Facts

Simon (P) fell on a sidewalk in Kennebunkport and broke her hip. She filed a complaint against the Town of Kennebunkport (D), alleging that her injury was proximately caused by a defect in design or construction of the sidewalk. Two people who owned businesses near where P fell testified that the portion of the sidewalk was uneven, inclined and had not changed from the time it was constructed in 1974 or 1975 until the time of the accident in 1977. P then attempted to elicit whether they had observed other persons fall at the location., and that they had seen many people trip and fall in the same spot over the two years prior to the accident. The trial court sustained D's objection to the evidence. P appeals from a judgment in D's favor.