MADISON, Wis. -- An Illinois woman is suing her Wisconsin parents for maintaining an icy driveway that she blames for a fall that broke her ankle two winters ago.

This week, a federal judge refused to toss out the lawsuit, setting up a trial for November.

Carriel Louah, 25, visited Darlington, Wis., to surprise her mother on her birthday in January 2005. But the next morning, she was injured when she slipped and fell on her parents' driveway. She filed suit against her parents earlier this year.

The daughter said that a letter from her mom apologizing months after the fall proves that her parents knew they had a defective gutter for years and did nothing about it.

She's seeking more than $75,000 in damages for medical bills and lost wages.

Her parents said that she can't prove the driveway was icy at the time or that their drainage system was faulty.

U.S. District Judge John Shabaz said that a jury should decide the matter.