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PENNSYLVANIA RECORD

Thursday, March 28, 2024

SEPTA, subcontractors face premises liability complaint by fall victim

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Two subcontractors doing work for the Southeastern Pennsylvania Transportation Authority, and the transit agency itself, have been named as defendants in a slip-and-fall suit initiated by a Delaware County woman who claims she injured her leg after tripping on a piece of sidewalk that was under repair.

Media, Pa. lawyer Jeffrey P. Hoyle filed the premises liability complaint Aug. 31 at the Philadelphia Court of Common Pleas on behalf of Lansdowne, Pa. resident Christina D’Annibale.

The defendants listed are SEPTA, Upper Darby, Pa.-based Carr & Duff Inc. and Jackson, N.J.-based OTS of New Jersey LLC.

The complaint states that on Sept. 4, 2010, D’Annibale was walking along a stretch of sidewalk at Garrett Road and Shadeland Avenue in Upper Darby, property that is owned and controlled by SEPTA, when she was caused to twist her ankle and fall as a result of stepping and stumbling on an uneven surface of the sidewalk that the defendant subcontractors were working to repair at the time.

As a result of the incident, D’Annibale sustained a severely twisted left ankle, torn and sprained ligaments and a transverse left lateral malleolus fractures which, despite treatment, has failed to heal, the lawsuit claims.

The plaintiff also suffered hip and back strain and other injuries.

The lawsuit accuses the defendants of allowing the sidewalk to remain in a condition that was dangerous to passersby, and failing to erect any barriers or caution signs or tape warning pedestrians of the hazardous condition that existed on the premises.

Because of her injuries, D’Annibale has been forced to expend large sums of money on medical attention, she has suffered both mental and physical pain, she has experienced lost wages due to her inability to work, and she has experienced a loss of life’s pleasures, the complaint alleges.

A chart contained within the complaint shows that D’Annibale’s medical bills have totaled $52,891.75.

D’Annibale seeks compensatory damages in excess of $50,000 as well as other legal and equitable relief.

The plaintiff seeks a jury trial.

 

The case ID number is 120900021. 

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