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Wood v. Salt Lake City Corp., 2016 UT App 112 (May 26, 2016)

May 26, 2016

The Utah Court of Appeals held that Salt Lake City did not have the necessary notice to be liable for a pothole in a residential city-owned street that the plaintiff tripped over. Despite evidence that the pothole had existed for four months, City street sweepers had passed the pothole five times, and City sanitation workers collected garbage sixteen times before the plaintiff’s accident, the Court found that the City employees and the City did not have actual or constructive notice of the pothole. Specifically, the Court held that an employee’s notice will not be imputed to the City “without evidence that an employee had actual or constructive notice of the pothole.” To impute constructive notice on the City’s employees and therefore the City, the plaintiff had to do more than merely demonstrate that the pothole existed long enough that the City should have discovered it