Jon Campisi Sep. 30, 2013, 6:50am


A delivery driver is suing the City of Philadelphia for negligence, alleging

that he had to have a surgical knee replacement, and anticipates having to have another similar operation, due to injuries he sustained after falling into a pothole while making a delivery last winter.

James R. Scully, who lives in Blackwood, N.J., filed a civil action Sept. 19 against the city over injuries he claims to have sustained after coming into contact with a water-filled pothole on Strawberry Street between 2nd and 3rd Streets while making a delivery Feb. 14, 2012, for his employer, US Foods Co., to the T-LOK German Grill.

The suit says that after making his delivery, Scully was walking toward his truck, which was parked on Strawberry Street, when he accidentally stepped into the pothole, which had been obstructed by water, and fell to the ground, landing on top of both of his knees.

The plaintiff claims he sustained damage to the ligaments, tendons, muscles, cartilage and bones of both of his knees.

He has already had one knee surgically replaced and expects to have to undergo surgery to replace the other damaged knee sometime in the not-too-distant future.

Scully claims his medical expenses have thus far topped $100,000, and they are anticipated to escalate after he undergoes future medical procedures.

The plaintiff, who drives for a living, also says he has experienced wage losses due to his inability to work because of his injuries.

“Said wage losses will continue into the future indefinitely, as Plaintiff has been declared permanently and completely disabled from his current employment and requires a second knee replacement,” the complaint reads.

Scully says he has endured great physical pain and traumatic anxiety, and he has reportedly suffered from depression, nervousness and humiliation.

The lawsuit accuses the City of Philadelphia of failing to properly maintain public thoroughfares, failing to provide safe conditions for members of the traveling public, permitting the existence of an obstruction and irregularity on city streets, failing to make proper repairs to the defective condition and failing to issue any warnings to pedestrians and business invitees of the dangerous condition that existed in the roadway.

In addition to the negligence count, the lawsuit also contains a loss of consortium claim on the part of Diane Scully, the plaintiff’s spouse.

The couple seeks more than $50,000 in damages.

They are being represented by attorneys Bradley R. Cornett and Neil Sagot of the Bucks County firm Sagot, Brooke & Cornett.

 

The case ID number is 130902230. 

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