SCRANTON – A Scranton couple allege that negligent maintenance of their water pipes later led to the wife-plaintiff falling inside their residence and suffering serious injuries.
Doreen C. Ozovek and Jeffrey P. Ozovek of Scranton filed suit in the Lackawanna County Court of Common Pleas on April 22 versus Pennsylvania American Water, Pennsylvania American-Water Company and Pennsylvania American Water Company (doing business as “American Water Works, Co., Inc.”), all of Hershey.
“The defendants sometime prior to June 3, 2020, were engaged in the business of flushing a fire hydrant and/or flushing water lines and/or repairing water lines and/or installing water lines outside the residence owned and occupied by the plaintiffs,” the suit states.
“On or about the 3rd day of June, 2020, the defendants and/or defendants’ agents/servants/workers suddenly and without warning caused undue water pressure of the plaintiffs’ water pipes to burst and/or water leak excessively, causing water to pool inside the rooms at their residence.”
The plaintiffs allege that this negligence led to Doreen’s injuries.
“As a result of the actions or inactions of the defendants, the plaintiff slipped and fell due to the pooled water inside her residence and suffered severe injuries to her teeth, knees, shoulders, legs, hips, feet, ankles, anxiety, allergies, cervical spine, thoracic spine, and lumbar spine, coupled with severe and permanent shock to her nerves and nervous system, by reason of which she was rendered sick, sore, lame, prostrate and disordered, and was made to undergo great mental anguish and physical pain, as a result of which she has suffered, yet suffers and will continue to suffer in the future, since these injuries are permanent in nature,” per the suit.
“Solely due to the actions or inactions of the defendants, the plaintiff has been obligated to expend various sums of money for medicine and medical attention, in and about endeavoring to treat and cure herself of her injuries, to her great financial damage and loss. Solely because of the actions or inactions of the defendants, the plaintiff has been unable to follow her usual occupation, and has thereby lost the emoluments that would have accrued from said employment and will continue to lose the same in the future, since these injuries are permanent in nature.”
The suit claims that the water company’s failure to conduct adequate tests and inspections of fire hydrants, outside water pipes and water lines regarding the foreseeable amount of pressure applied for it to be operated effectively and safely, among other failures, directly caused Doreen’s injuries.
For counts of breach of express warranty, breach of implied warranties, merchantability and fitness for a particular purpose, negligence, product liability and loss of consortium, the plaintiffs are seeking damages in excess of $50,000 for each individual count of the suit.
The plaintiffs are represented by Bruce S. Zero of Powell Law, in Scranton.
The defendants have not yet obtained legal counsel.
Lackawanna County Court of Common Pleas case 2021-CV-001799
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com