Whitlow v. Jones

Plaintiff appeals from a summary judgment for defendants in a “trip and fall” negligence case. We affirm.

Defendants are owners of the Brookside Townhouse Apartments, an apartment complex located just outside of Phoenix in Jackson County. In March 1992, plaintiff was injured when she tripped and fell on the public sidewalk adjacent to the apartment complex. The accident occurred where the sidewalk intersects the driveway entrance to the complex’s parking lot.

Plaintiff filed a personal injury action, alleging: (1) defendants or prior owners of the apartment complex had constructed the sidewalk…