Evidence keyed to Waltz
Simon v. Kennebunkport
On July 22, 1977, the Appellant, suffered a broken hip when she fell walking on a sidewalk. The Appellant sued the Appellee, claiming her injury was caused by a defect in the sidewalk. A jury determined there was no defect in the sidewalk and found for the Appellee. The trial judge excluded evidence offered by the Appellant that many other people had fallen or stumbled at the same location over the past two years prior to the accident. The trial judge permitted the Appellant to offer evidence that the condition of the sidewalk had not changed since its construction. The Appellant argued that two witnesses would have testified that they saw nearly one person a day fall on that sidewalk.
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