Marlowe v. Cabe

Pope, Chief Judge.

Plaintiff Jacque Marlowe filed a complaint alleging she was injured when she fell because the heel of her boot became trapped in a hole in the sidewalk in front of a restaurant operated by defendant Cabe Enterprises, Inc. on property owned by defendant Thorton B. Cabe. Defendants moved for summary judgment and the trial court granted that motion. Plaintiff appeals.

The alleged defect in the sidewalk was described as triangular in shape, starting out as a crack and opening up to a hole or “mouth” at the edge of the curb approximately four or five inches wide. The record…