Hale v. Ostrow

Hale (plaintiff) was walking on a sidewalk when an overgrown bush owned by Ostrow (defendant) blocked her path, forcing her to step into the street to get around it. Before leaving the sidewalk, she looked toward the street for oncoming traffic and, while doing so, tripped over a loose piece of concrete on the sidewalk and broke her hip. Hale sued Ostrow for negligence in maintaining the overgrown bush; the trial court granted Ostrow summary judgment, reasoning the defective sidewalk, not the bush, caused the injury, and the court of appeals affirmed.