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WILLIS v. CITY OF NEW BERN

No. COA99-768.

529 S.E.2d 691 (2000)

Jacqueline WILLIS, Plaintiff, v. CITY OF NEW BERN, a Municipality, Defendant.

Court of Appeals of North Carolina.

May 2, 2000.

Attorney(s) appearing for the Case

Whitley, Jenkins & Riddle, by Robert E. Whitley, Jr., Kinston, for plaintiff appellant.

McCotter, McAfee & Ashton, PLLC, by Rudolph A. Ashton, III, and Robert J. McAfee; and Ward, Ward & Davis, by A.D. Ward, New Bern, for defendant appellee.

HORTON, Judge.

In North Carolina, a city is under a duty to keep the public streets, sidewalks, alleys, and bridges in proper repair. N.C. Gen.Stat. § 160A-296(a)(1) (1999). To prove a claim of negligent maintenance of its sidewalk against defendant,

"the plaintiff must introduce evidence sufficient to support these findings by the jury: (1) She fell and sustained injuries; (2) the proximate cause of the fall was a defect in or condition upon the sidewalk...

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