PennDOT faces personal injury claim

Jon Campisi Jun. 23, 2011, 11:21am

A Coatesville, Pa. man is suing the Pennsylvania Department of Transportation for injuries he sustained after falling on construction tarp that he alleges was hidden by snow.

Attorney Robert N. Braker, of the Center City firm Saltz, Mongeluzzi, Barrett & Bendesky, P.C., filed the slip-and-fall suit June 21 at the Philadelphia Court of Common Pleas on behalf of Matthew Yoksh.

According to the complaint, Yoksh was walking through the parking lot of the Coatesville VA Medical Center, located at 1400 Black Horse Hill Road in Coatesville, in early December 2009, when he slipped on hidden tarp material that had been covered in snow.

The construction material was onsite as part of a project to make the sidewalk ramps at the campus ADA compliant. ADA stands for the Americans with Disability Act.

As a result of his fall, Yoksh suffered fractures, ligament injuries, and has been required to undergo various surgical procedures to correct those and other injuries related to the incident, the lawsuit states.

Yoksh continues to suffer from extensive pain when standing for a prolonged period of time, he walks with a limp, he suffered permanent scarring and disfigurement, and he experiences sensitivity over the scar on his right ankle.

Yoksh has also had to undergo various X-Rays, CT Scans and MRIs as a result of the accident, the complaint states.

He has also suffered emotionally and psychologically because of the incident.

The lawsuit accuses the defendants, which, in addition to PennDOT includes Road-Con, Inc., which was doing the construction work, of negligence for not ensuring safe pedestrian access at the worksite.

Yoksh claims he has had a loss of life’s pleasures because of the accident. He seeks damages against the defendants jointly and severally in an amount in excess of $50,000, plus interest, delay damages and other court related costs.

Yoksh has demanded a jury trial. The case awaits listing.

The case number is 110601834.

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