Another court considers "two-inch rule" regarding sidewalk defects

Teresa Bongiovanni sued the City of Clawson after tripping and falling on an upturned slab of sidewalk.  The "flag" of concrete that tripped Bongiovanni was elevated 1 and 5/8 inches above the adjacent flag of concrete, and on that basis, the City sought dismissal of Bongiovanni's claim; it argued that it was entitled to a presumption that the sidewalk was in reasonable repair based on the statute affording such a presumption where the defect measures less than two inches.  The court noted, however, that this statute applies only to County highways and adjacent sidewalks and therefore a case against the City must be evaluated without reference to the statutory presumption.