PHILADELPHIA – An Oregon safety director who fell into a five-foot-deep road construction hole below Interstate 95 in Philadelphia and was severely injured, has sued the professional and governmental entities he feels are liable.
David Schooley of Sweet Home, Ore. filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Sept. 12 versus Environmental and Infrastructure Group, LLC of Bristol, the Commonwealth of Pennsylvania and the Pennsylvania Department of Transportation of Harrisburg, and the City of Philadelphia and James J. Anderson Construction Company, Inc., of Philadelphia.
Plaintiff was employed by Iovino Enterprises as a safety director, and defendants owned, leased, possessed, managed, maintained and/or controlled the property located below Interstate 95, east of Salmon Street, south of East Cambria Street, and north of E. Somerset Street in Philadelphia.
It located on the land beneath and between Exit 23 (Girard/Delaware) and Exit 25 (Allegheny/Castor). As of Aug. 6, 2019, the property was part of a construction site pertaining to the I-95 Revive Project.
“On Aug. 6, 2019, plaintiff was lawfully working at, on, and/or near the property. There existed on the property a hole approximately 5 feet deep which was covered by a piece of plywood,” the suit states.
“The piece of plywood covering the large hole was deteriorating, dilapidated, flimsy, weak, and of insufficient strength to provide safe and adequate coverage of the hole, thus rendering the property dangerous, hazardous, and unsafe. There were no warnings on and/or near the plywood warning persons lawfully upon the property, including the plaintiff, of the dangers of stepping on the plywood.”
That day, Schooley was in the midst of his duties as a safety director for Iovino Enterprises, when he stepped on the piece of plywood.
“When plaintiff stepped on the piece of plywood, it collapsed, broke, gave way, deteriorated, cracked, split, and/or otherwise gave way causing plaintiff to twist, trip, stumble, and/or fall into the five-foot hole which had been concealed by the plywood and causing the plaintiff to sustain the injuries,” the suit states.
“Plaintiff suffered severe, disabling, and permanent injuries including but not limited to: Comminuted displaced fractures involving the 3rd, 4th, and 5th metatarsals of the left foot, left foot sural nerve neuritis, antalgic gait, together with excruciating physical pain, emotional anguish, a severe shock to his entire nervous system, and other secondary problems and complications, the full extent of which are not yet known, some or all of which are permanent in nature.”
For five counts of negligence, the plaintiff is seeking damages in excess of $75,000, plus costs, interest and other relief as this Court deems to be proper and just.
The plaintiff is represented by Thomas More Holland and Kelly A. Trewella of the Law Offices of Thomas More Holland, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-04410
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com