Hamila v. City of Cleveland

Plaintiff Vera Hamila appeals from the order of the trial court which awarded summary judgment to defendant city of Cleveland in her negligence action. For the reasons set forth below, we reverse and remand.

I

On December 17,1991, plaintiff filed this action against defendant alleging that while crossing Euclid Avenue, she slipped and fell on a metal plate in the crosswalk and suffered personal injuries. Plaintiff then asserted two claims for relief: (1) that the city was negligent in its design and placement of the crosswalk; and (2) that the metal plate constituted a nuisance, pursuant to…