This action arose from a trip and fall on a sidewalk outside of a church. The Plaintiff testified at a 50-H hearing that she could not identify the cause of her fall and that she walked up and down the same road every day for approximately two months and noticed no defects. At her later deposition she testified to the same, and that her prior 50-H testimony was accurate and admitted she could not remember the cause or location of her fall. Near the conclusion of her testimony, her attorney requested a recess and after the recess, the plaintiff suddenly remembered where she fell and that the sidewalk was “uneven.” The Court found that Defendant made a prima facie case entitling it to summary judgment by showing plaintiff could not identify the cause of her fall which was fatal to her cause of action and that her testimony after recessing with her attorney was clearly an attempt to avoid the consequences of her earlier testimony.
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