Ms. O, an exhibitor at the Tempe Festival of Art, tripped in a pothole while crossing Mill Avenue. As a result of negligence of the premise owner, Ms. O sustained torn cartilage in her knee requiring surgery and an ankle fracture.
The insurance company argued that the pothole was an open and obvious condition and therefore the plaintiff should have seen the pothole. We argued that the failure to take care of their streets was negligence on the part of the city and we were able to obtain a great result for our client.
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