Sumrell Sugg attorney, Trey Ferguson, successfully defended the City of Wilmington in a negligence action arising from an alleged sidewalk defect involving an ADA curb ramp. The North Carolina Court of Appeals affirmed summary judgment in the City’s favor in an unpublished decision, holding that a minor elevation differential in the sidewalk constituted a trivial defect as a matter of law and that the City lacked actual or constructive notice of any dangerous condition. The Court further emphasized regular municipal inspection practices and the absence of prior complaints, concluding that the City did not breach its statutory duty to maintain sidewalks in proper condition.
