Stephens v. City of Montgomery

Leal Stephens filed an action against the City of Montgomery (the "City"), alleging negligent or wanton misconduct in the maintenance of a sidewalk, on which Leal allegedly fell and injured her wrist and hand; Leal's husband Robert joined her action, seeking damages for loss of companionship and wages lost while he cared for Leal's injuries. The City moved for summary judgment, which the trial court entered, because, it said, "the plaintiffs have not adduced substantial evidence of the defect that caused Leal Stephens to trip and fall." The Stephenses appeal.

In Benson v. City of Tuscumbia,…