PHILADELPHIA – A local woman alleges in a personal injury lawsuit that she suffered severe leg injuries in a fall over a metal barrier at Washington Square Park more than two years ago.
Anna Johnston of Philadelphia first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on June 30 versus the United States of America.
“Prior to Dec. 26, 2018, defendant had caused metal barriers to be placed in and around Washington Square Park, which constituted a hazard, as described in further detail below. On Dec. 26, 2018, plaintiff Anna Johnston was walking in Washington Square Park when she fell over a gray metal barrier that had been placed so as to extend out from the glass area onto the gray flagstone wall may,” the suit says.
“The aforementioned metal barrier constituted an unreasonable hazard to plaintiff and others because: a) The placement of the barrier was improper, as it extended out onto the area where pedestrians such as plaintiff would be expected to walk but where such pedestrians would not expect a tripping hazard; b) The area where the barrier extended onto the walkway was not marked and was hidden by being the same color as the wall may; c) The placement of the barrier was inconsistent with the placement of other barriers in the area, which were properly placed and not hazardous to pedestrians; and d) There were no warnings of a tripping hazard in the area of the barrier.”
Among other reasons, the suit says the defendant was negligent in a) Its placing of a barrier in improper manner so that it extended out onto the area where pedestrians such as plaintiff would be expected to walk but where such pedestrians would not expect a tripping hazard; b) Placing a gray barrier so that it extended from the grass out onto the gray flagstone, both creating and concealing a tripping hazard; and c) Failing to mark the area where the barrier extended onto the walkway.
“As a direct and proximate result of the negligence and carelessness of defendant’s employees, plaintiff suffered injury, including, but not necessarily limited to post-traumatic right intertrochanteric fracture, requiring an open reduction and internal fixation, post-traumatic complications of hypotension and electrolyte imbalance, and injury to her general body and nervous system, all or some of which may be permanent,” per the suit.
“As a direct and proximate result of the negligence and carelessness of defendant as described above, plaintiff experienced and continues to experience pain and suffering, limitation, discomfort, anxiety, and a diminution of life’s enjoyment and will continue to do so in the future.”
As a result of the accident, the suit says that the plaintiff sustained a leg length discrepancy which has made ambulating very difficult and left her partially disabled. Furthermore, the plaintiff adds that she is required to undergo a total hip replacement as a result of the accident, which procedure is scheduled to take place at Jefferson Hospital in Philadelphia in June of 2021.
For a count of negligence, the plaintiff is seeking a judgment awarding compensatory damages, plus costs and delay damages.
The plaintiff is represented by M. Gerard Bradley of Brooks Bradley & Doyle, in Media.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-02908
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com