Family sues apartment complex over son's broken leg

An 8-year-old boy visiting his uncle at an Allentown apartment complex tripped over a cracked sidewalk and broke his leg, causing permanent damage and a potentially long future of costly medical bills, according to a personal injury suit filed at the U.S. District Court for the Eastern District of Pennsylvania.

The boy's father, Magic Allen, who lives in the Bronx, N.Y., with his son, seeks an undisclosed amount in compensatory and punitive damages against the complex's managing company, Park Run Associates, and Field of Dreams Landscaping, the business hired to clear the premises of debris.

According to the complaint, the boy was visiting his uncle at the Hamilton Square Apartments on July 4, 2009. During a family barbecue, the boy's foot got caught in a crack in the pavement, and he fell into some tree branches. He was taken to Lehigh Valley Hospital with a fractured femur that required the insertion of two metal rods into the bone in order to heal.

The implants created a permanent deformity in the boy's left thigh, the complaint says. He can perform routine tasks and even walk normally, except in cold temperatures. The claim says that the boy experiences occasional pain and that future activities will most likely be adversely affected.

As part of the rehabilitation process, multiple doctor appointments are necessary to monitor the leg's progress and prescription medication has helped manage the pain. Allen seeks damages from the defendants' negligence to help cover the bills.

The plaintiff claims that Park Run failed to ensure the property was safe from injury, a direct cause for the incident. The landscaping company is also responsible for not properly removing cut tree branches from the grounds, contributing tot he dangerous conditions.

Allen is represented by Philadelphia attorney Jack Bernard.

The federal case ID number is 5:14-cv-04313-JKG.