Cornette v. City of North Kansas City

WASSERSTROM, Presiding Judge.

Plaintiff sued to recover damages for a fall which she suffered on defendant’s sidewalk. From an adverse judgment on jury verdict, defendant appeals. We hold: (1) the evidence sufficiently supported a finding of constructive notice of the sidewalk defect to defendant; (2) the verdict directing instruction pursuant to M.A.I. 22.04 was not erroneous; and (3) the trial court did not abuse its discretion in overruling defendant’s objection to plaintiff’s jury argument.

During the predawn hours of October 2, 1978, plaintiff was walking her dog when she stumbled over a…