Yacucci v. Tenhoopen

BALICK, Judge.

This is an action claiming damages for personal injury. Dorothy E. Yacucci was injured when she slipped and fell on loose cement on a public sidewalk. The abutting landowners have moved for summary judgment on the ground that they do not owe a duty to the public to repair a defect in the sidewalk, in the absence of a statute or ordinance to the contrary. Massey v. Worth, Del.Super., 197 A. 673 (1938); Schreppler v. Mayor & Council of Town of Middletown, Del.Super., 154 A.2d 678 (1959).

There is nothing in the record to suggest that the defendants created a dangerous condition on…