Kelly v. Municipality of Anchorage
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Appellant Ethel Kelly sued the Municipality of Anchorage (MOA) for negligence after she stepped into an uncovered valve box assembly pipe in a crosswalk and sustained injuries. MOA conceded that the valve box cover was missing, but denied it was responsible for this condition. MOA moved for summary judgment in superior court on grounds that it had no duty to Appellant since it neither caused nor had notice of the dangerous condition. Appellant filed an opposition and cross-motion for summary judgment. The superior court granted summary judgment to MOA. Appellant appeals. Because material issues of fact existed concerning whether MOA caused the defect and whether it had constructive notice of it, the Supreme Court vacated the superior court's grant of summary judgment and remanded the case for further proceedings.
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