Court Affirms Dismissal of Lawsuit Over City Pothole Fall, Citing Lack of Evidence

The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this incident. The plaintiff attempted to use Google Earth photographs to identify the location of the pothole, which were rejected by the court as not being authenticated. The trail court dismissed the plaintiff’s complaint. 

The Appellate Division affirmed the trial court’s decision to grant summary judgment to the defendant, holding that the plaintiff could not establish notice or that the actions of the defendant were palpably unreasonable. 

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