PHILADELPHIA – A settlement conference has been slated for this summer in a case between Southeastern Pennsylvania Transportation Authority (SEPTA) and a local cyclist who suffered a broken arm, knee injury, subsequent infection and serious dental injuries, after colliding with disused trolley tracks.
According to court records, a settlement conference was scheduled for Aug. 23 in the Dispute Resolution Center at City Hall in Center City, Philadelphia, between parties Madeleine Salvatore and SEPTA, both of Philadelphia.
Salvatore initially filed suit against the transportation entity in the Philadelphia County Court of Common Pleas on July 18, 2017
On or about Sept. 8, 2015 before and during the crash, the plaintiff was riding a bicycle along 11th Street in the block approaching Bainbridge Street in Philadelphia. While plaintiff was riding along, plaintiff’s bicycle wheel came into contact with an unsafe condition of the ground surface/the trolley tracks which caused her to crash to the ground and suffer a broken arm and trauma injuries to her knee resulting in infection, antibiotic treatment and a reaction requiring dental surgery.
As a result, Salvatore said she suffered a “fractured elbow requiring hospital and follow up orthopedic treatment to cure/heal, knee injuries requiring antibiotic medicine which caused side effects resulting in and requiring dental surgery, continuing pain and suffering and a loss of wages/time from work, all to her financial detriment and loss.”
Salvatore explained the trolley rails in this block of 11th Street have been inactive and not used by trolleys since the 1990’s, but SEPTA still had a duty to inspect and maintain the rails for safety purposes, and to “maintain the trolley rails, street surface, and within 18” of the trolley tracks, so as not to create a dangerous and defective condition unsafe condition of the road for the public and bicycle riders to encounter and ride upon; leave the public traveling the roads exposed to an unsafe condition or fail to protect users of the road such as the plaintiff from a dangerous and defective condition and unsafe condition of the road.”
For counts of negligence and vicarious liability, the plaintiff is seeking damages in excess of $50,000, plus interest and costs.
The plaintiff is represented by Stuart Leon in Philadelphia.
The defendant is represented by William G. Brown of SEPTA’s Legal Department, also in Philadelphia.
Philadelphia County Court of Common Pleas case 170701662
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com