Slip and Fall Injury: Defective Sidewalk - “Planning-Operational” Test and Repairs of a Sidewalk
Personal Injury Attorney City of Indianapolis v. Duffitt 929 N.E.2d 231 (Ind.Ct.App. 2010) Facts of Case: The City of Indianapolis received a complaint about the condition of a sidewalk in August of 2006, and within one or two days, the City inspected the sidewalk, determined it was a tripping hazard, and issued a work order for its repair with a “Priority 1” rating. The City’s priority rating system used a scale of 1 to 3 to distinguish between “severely defected” sidewalks (Priority 1) and “slightly damages” sidewalks (Priority 3). As of October of 2007, the sidewalk had not been repaired, and Duffitt tripped and fell on the sidewalk sustaining personal injuries. She filed a complaint against the City alleging negligence in failing to repair the sidewalk, and the City filed a motion for summary judgment claiming that it was entitled to immunity under the “discretionary function” provision of the Indiana Tort Claims Act. Included within the designated evidence in suppor