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The plaintiff fell on slightly depressed brick pavers in the city’s downtown public sidewalk. The depression was less than two inches and therefore the plaintiff’s claims arose under the city sidewalk exception to governmental immunity as a dangerous condition. The depression could barely be seen in pictures.
The plaintiff left her apartment located downtown and was forced to make use of the brick paver sidewalk to get to her vehicle. She had lived in her downtown apartment for seven years and would make the trip from her apartment to the parking lot at least twice a day.
On the date of her fall, the plaintiff left her home and began walking to the parking lot. As she was walking to her car, her foot got caught in the section of the minimally depressed pavers, which caused her to lunge forward. As she attempted to brace herself, she fractured her elbow and wrist and struck her head on the pavers.
She underwent an open reduction surgery to her right elbow and an open reduction surgery to her left wrist. The city argued to the jury that the depressed pavers did not cause a two-inch vertical discontinuity and that the slightly dipped pavers were not dangerous. The city also argued it did not have notice of the dangerous condition within 30 days of the incident occurring.
Plaintiff’s council submitted the case information.
Action: Premises liability
Injuries alleged: ORIF to right elbow, ORIF to left elbow, TBI
Case name: MacNeill v. City of Clawson
Court/case no.: Oakland County Circuit Court/24-208019-NO
Judge: Amy Ronayne Krause
Mediator: Stuart Fraser
Amount: $1,075,813
Date: Jan. 26, 2026
Attorney for plaintiff: Alexander L. Waldman, Marko Law, Detroit
