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Negligence-Duty of Care

WI Court of Appeals – District I

Case Name: Cynthia Rush v. Twin City Fire Insurance Company, et. al.

Case No.: 2021AP000631

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Negligence-Duty of Care

Rush appeals the order granting summary judgment in favor of Twin City Fire Insurance Company, Batteries Plus, LLC, and Fred W. Storm, LLC dismissing her complaint alleging negligence and a violation of the safe place statute claims arising out of a slip and fall accident on a sidewalk curb. She argues that she presented sufficient evidence to allow a reasonable jury to draw a logical inference that the condition of the sidewalk caused her to fall. Upon review, the court concludes that there is no reasonable basis for a fact finder to conclude without resorting to speculation that the condition of the curb was a substantial factor in causing Rush’s fall.

Affirmed.

Decided 11/29/22

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