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1 HULL V. FEINSTEIN, 2003-NMCA-052, 133 N.M. 531, 65 P.3d 266 GRETCHEN L. HULL, Plaintiff-Appellant, vs. ANDREW FEINSTEIN and THE CITY OF SANTA FE, Defendants-Appellees.
Docket No. 22,327 COURT OF APPEALS OF NEW MEXICO 2003-NMCA-052, 133 N.M. 531, 65 P.3d 266 December 09, 2002, Filed APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY. Art Encinias, District Judge. Petition for Certiorari Denied, No. 27,937, March 18, 2003. Released for Publication March 20, 2003. COUNSEL Gretchen L. Hull, Santa Fe, NM, for Appellant. Katherine W. Hall, Miller, Stratvert & Torgerson, P.A., Santa Fe, NM, for Appellee City of Santa Fe. JUDGES JAMES J. WECHSLER, Judge. WE CONCUR: IRA ROBINSON, Judge, RODERICK T. KENNEDY, Judge. AUTHOR: JAMES J. WECHSLER OPINION

{*532} WECHSLER, Judge. {1} Plaintiff Gretchen Hull sued the City of Santa Fe (the City) and Andrew Feinstein, a neighbor and homeowner, alleging that she suffered injuries and consequential damages when her foot caught on a rise in the sidewalk, causing her to fall. Defendant Feinstein filed a jury demand before the district court granted summary judgment in his favor. That decision was not appealed. On {*533} remand from the Court of Appeals, Plaintiff's suit against the City was dismissed at the close of her case. {2} On appeal, Plaintiff argues: (1) that she was entitled to a jury trial, and (2) that the district court improperly dismissed her case. We hold that Plaintiff waived the right to jury trial by failing to pursue it prior to trial when she had the obligation to do so. We also hold that Plaintiff failed to prove that the City's negligence caused her injury. We therefore affirm. Right to Jury Trial {3} The district court held a pretrial conference with the parties on March 8, 2001. At the pretrial conference, the court stated its intent to set the case for non-jury trial. With Plaintiff's assent, the court set trial to begin April 9, 2001. On the day of trial, the court inquired as to

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