Michigan City Settles Sidewalk Slip-and-Fall Case

February 9, 2011

Royal Oak, Michigan has agreed to pay a woman who broke her foot after tripping on a residential sidewalk while carrying her infant granddaughter more than $49,000.

The Daily Tribune of Royal Oak said terms of the settlement do not require the city, which is about 10 miles north-northwest of Detroit, to admit fault, but the payment is being made “to preserve good will, avoid continued litigation and make financial compromise.”

An Oakland County Circuit Court lawsuit filed by 79-year-old Margaret Malinasky of Royal Oak says she tripped on a raised portion of sidewalk in July 2007, breaking two toes and displacing four others. The suit claims the city was negligent in maintaining a public sidewalk.

The city claimed governmental immunity. A case evaluation panel previously awarded Malinasky $83,000.

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