SIMON V. KENNEBUNKPORT
417 A.2d 982 (1980)
NATURE OF THE CASE: Simon (P) elderly woman appealed a judgment, which found in favor of
Kennebunkport (D) town in P's action alleging that she sustained a personal injury that was
proximately caused by a defect in the design or construction of the town's sidewalk. P
argued that evidence establishing the defective condition was improperly excluded.
FACTS: Simon (P) fell on a sidewalk in Kennebunkport and broke her hip. She filed a
complaint against the Town of Kennebunkport (D), alleging that her injury was proximately
caused by a defect in design or construction of the sidewalk. Two people who owned
businesses near where P fell testified that the portion of the sidewalk was uneven, inclined
and had not changed from the time it was constructed in 1974 or 1975 until the time of the
accident in 1977. P then attempted to elicit whether they had observed other persons fall at
the location., and that they had seen many people trip and fall in the same spot over the
two years prior to the accident. The trial court sustained D's objection to the evidence. P
appeals from a judgment in D's favor.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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