Becker v. City of La Crosse

In order for the city to have been entitled to summary judgment, the evidentiary facts set out in its affidavits must have established a defense sufficient to defeat the plaintiff. Even then, summary judgment was not to be granted if plaintiff showed facts which the court deemed sufficient to entitle plaintiff to a trial. Sec. 270.635(2), Stats.

1. Whether deject was nonactionable as a matter of law. The city argues that its affidavits establish that as a matter of law, the depression in the crosswalk did not constitute an insufficiency or want of repair under sec. 81.15, Stats.

A civil…