Wrong corner kills lawsuit over trip, fall

BAY CITY (AP) -- A man who tripped and fell has lost his lawsuit against Bay City because he gave the wrong location.

The Michigan appeals court says state law is very clear: Robert Graczyk needed to be exact when informing Bay City about a bad sidewalk.

Graczyk says he was retrieving his trash can in December 2006 when he fell and was injured. He informed the city and said the incident occurred at the northeast corner of Broadway and 21st Street. It was actually the northwest corner.

Bay City objected to the lawsuit, saying Graczyk's notice didn't provide enough details and gave the wrong location.

A Bay County judge refused to dismiss the case but the appeals court did this week. The court says there's no room in Michigan law for "rough approximations."

Published: Fri, Feb 18, 2011

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