MEDIA – A Delaware County woman has reiterated claims against the Township of Haverford that it is responsible for the broken right wrist she suffered, allegedly as a result of negligent maintenance and facilities oversight at a township-owned skating rink.
Jennifer Coyle of Media initially filed suit in the Delaware County Court of Common Pleas on Jan. 13 versus the Township of Haverford.
“On Feb. 18, 2019, at approximately 1:10 p.m., the plaintiff was a guest and business invitee of the defendant, and skating during a ‘public skate.’ During the public skate at the Skatium on Feb. 18, 2019, plaintiff slipped and fell due to improper maintenance of the ice surface, which was substandard and hazardous, due to the amount of people who had been skating that day and the lack of timely clearing and cleaning of the ice surface,” the suit stated.
“The accident resulted solely from the negligent and careless conduct of the defendant named herein, and was due in no part nor manner whatsoever of any act or failure to act on the part of the plaintiff.”
According to the plaintiff, she suffered a number of serious injuries in the process.
“Solely as a result of the defendant’s negligence and careless conduct, plaintiff, Jennifer Coyle has suffered, yet suffers, and may in the future suffer injuries which may are severe, serious, and permanent in nature, including but not limited to: A fractured right wrist with surgery and scarring, which has left plaintiff with permanent scarring, decreased sensation, decreased strength, numbness in the right wrist and arm, and plaintiff may well have suffered injury to other parts of her body, and internally into her nerves and nervous system, as well as possible aggravation, acceleration, exacerbation, or activation of any pre-existing illness or condition which she may have had,” per the suit.
“As a result of the aforesaid, plaintiff, Jennifer Coyle, has been and may in the future be required to expend various sums of money for medical care and treatment in an endeavor to effectuate treatment and care of the aforesaid injuries and/or such other items of expense which have been incurred or which will be incurred and ascertained in the future.”
In a Feb. 11 answer and new matter, the Township of Haverford denied the plaintiff’s allegations as conclusions of law to which no further response is required.
In new matter, the township asserted various affirmative defenses.
“Plaintiff’s claims are barred or limited by the applicable statute of limitations. Plaintiff fails to state a claim upon which relief may be granted. Plaintiff assumed the specific risk of her alleged injuries. Plaintiff’s claims are barred or limited by the provisions of the Pa. Comparative Negligence Act, 42 Pa. C.S.A. Section 7102. Plaintiff’s injuries, if any, were not factually caused by any acts or omissions on the part of answering defendants,” the new matter stated, in part.
“Answering defendant was not negligent or careless with regard to plaintiff. Plaintiff’s claims are barred by res judicata. Plaintiff’s claims are barred by collateral estoppel and the doctrine of release. Answering defendant is entitled to governmental immunity and the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. 8541, et seq. is applicable. Defendant Township of Haverford asserts all of the defenses, immunities and limitations of damages available to it under the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. 8541, et seq. and avers that plaintiff’s remedies are limited exclusively thereto.”
UPDATE
Counsel for the plaintiff offered a response to the defendant’s answer and new matter on Feb. 18.
“The averments contained within these paragraphs constitute conclusions of law to which no responsive pleading is required and are therefore deemed to be denied. To the extent to which a responsive pleading is deemed to be required, after reasonable investigation, plaintiff lacks sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained within these paragraphs and, therefore, said averments are denied,” according to the plaintiff’s response.
For a count of negligence, the plaintiff is seeking damages in excess of $50,000, plus a trial by jury.
The plaintiff is represented by Scott D. Bonebrake of Noel & Bonebrake, in Media.
The defendant is represented by Leticia J. Santiago of William J. Ferren & Associates, in Blue Bell.
Delaware County Court of Common Pleas case CV-2021-000318
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com