Carrier v. City of Huntington

PER CURIAM:1

Pearl R. Carrier, appellant/plaintiff, appealed an order by the Circuit Court of Cabell County granting summary judgment to the City of Huntington, appellee/defendant. Ms. Carrier contends that the circuit court committed error by applying premises liability principles of law to the facts of this case.2 We agree.

I

FACTUAL BACKGROUND

On December 7, 1993, Ms. Carrier tripped and fell on a sidewalk in Huntington.3 Ms. Carrier sustained injuries to her face and other parts of her body. The sidewalk on which Ms. Carrier fell had “broken, uneven and missing pieces of concrete.” Ms.…