Haliw v. City of Sterling Heights

I believe that plaintiffs established questions of fact about whether (1) the claimed depression in the sidewalk rendered the sidewalk no longer reasonably safe, (2) the ice or snow on which Valeria Haliw fell was a “natural accumulation,” and *313(3) her injuries were proximately caused by the sidewalk’s condition.

The majority’s resolution of these factual disputes is an impermissible invasion into the province of the finder of fact. Because the issues should be left for the finder of fact, I would affirm the Court of Appeals decision that upheld the trial court’s denial of defendant’s motion…