Sumrell Sugg Secures Appellate Win for the City of Wilmington

Sumrell Sugg is pleased to announce a successful result in Powell v. City of Wilmington, No. COA25-283, recently decided by the North Carolina Court of Appeals. Attorney Trey Ferguson represented the City of Wilmington in defending a negligence claim arising from an alleged sidewalk defect along the City’s Cross-City Trail.

The plaintiff alleged that the City breached its statutory duty to maintain sidewalks in proper repair after a trip-and-fall incident at a ADA transition ramp. The trial court granted summary judgment in favor of the City. On appeal, the Court of Appeals affirmed in an unpublished opinion filed December 17, 2025.

In affirming summary judgment, the Court agreed that the record contained no evidence establishing that the City had actual or constructive notice of a dangerous condition. The decision reinforces longstanding principles governing municipal liability, including the requirement that a plaintiff demonstrate notice of a defect before liability may attach.

While unpublished opinions do not constitute controlling authority, they reflect careful appellate review and confirm that the City’s maintenance practices and legal defenses were properly presented and supported in the record.

Trey’s practice focuses on representing cities, counties, and other public entities in litigation throughout North Carolina. From premises liability defense to complex land use and zoning issues and appellate advocacy, he works closely with local governments to protect public resources and manage litigation risk effectively.

Sumrell Sugg is proud to support municipalities across the state with practical, strategic, and experienced counsel at both the trial and appellate levels.

Sumrell Sugg, P.A. is a regional legal firm that provides clients with first-rate services in a cost-effective manner. Whether clients are individuals, corporations, or local governments and municipalities, our firm delivers on an undeviating promise of service. For more information, visit us at www.nclawyers.com.