MEDIA – Ridley Township argues that it is not liable for injuries suffered by a Delaware County plaintiff, who claims an accumulation of water on the sidewalk at her local public library caused her to fall and suffer injuries to her left knee.
Tiffany McCoy of Woodlyn first filed suit in the Delaware County Court of Common Pleas on Jan. 19 versus Ridley Township Public Library and John Doe, both of Folsom.
“On or about Oct. 10, 2019, plaintiff lawfully entered the defendant’s property located at 100 E. McDade Boulevard Folsom, PA 19033 for the purposes of patronizing the defendant library. Plaintiff was walking inside in a corridor leading into the defendant library’s property. Suddenly and without warning, plaintiff was caused to slip and fall on an accumulation of water on the sidewalk,” the lawsuit said.
“There were no warning signs or other indicia that the walkway was wet, slippery, or otherwise in a dangerous and defective condition. The accumulation of liquid caused plaintiff to slip, trip, and fall, resulting in serious and permanent injuries as set forth below. As a result of the accumulation of liquid, the plaintiff’s weight shifted to the side causing plaintiff to fall hard on her left side, specifically causing her to fall onto her left knee.”
The plaintiff alleged that the fall caused her to suffer a sprained left knee.
“Based on information and belief, the dangerous and defective condition of the floor identified above existed for a substantial period of time prior to plaintiff’s fall. Accordingly, the dangerous and defective condition of the floor was known, or should have been known, to the defendants,” per the suit.
“Based on information and belief, defendant Hospital contracts and/or employs a third-party company, defendant John Doe, to ensure that the floors are free and clear of all defective conditions, including, but not limited to, wet and slippery substances on the floors.”
UPDATE
After the filing of preliminary objections by Ridley Township on March 30 and an amended complaint on May 27, the township filed an answer and new matter in the case on July 2.
“Plaintiff’s alleged cause of action is barred or limited by the Pennsylvania Comparative Negligence Act, the Fair Share Act, the relevant provisions of which are incorporated herein by reference. The plaintiff may have assumed the risk of injuries by engaging in an activity, which may have resulted in her alleged injuries. Ridley Township is a local agency entitled to immunity from suit and damages, as set forth in 42 Pa C.S.A Section 8501 and 42 Pa C.S.A. Section 8541. All claims against answering defendant may be barred, due to plaintiff’s failure to give the requisite six month notice of the location where plaintiff’s alleged accident occurred,” the answer stated.
“Some or all of plaintiff’s claims against answering defendant may be barred by the applicable statute of limitations. Plaintiff’s injuries may have been caused or contributed to by the negligence of persons over which answering defendant had no control. Plaintiff has not alleged any cause of action which falls within any of the exceptions to governmental immunity set forth at 42 Pa C.S.A. Section 8542(b). Answering defendant asserts each and every defense, bar and/or limitation of damages contained in the Political Subdivision Tort Claims Act, 42 Pa C.S. Section 8541.”
For counts of negligence and negligent hiring, supervision and retention, the plaintiff is seeking compensatory damages in excess of $50,000, delay damages exclusive of interest and costs, pre-judgment interest, post-judgment interest and any other costs this Court deems appropriate.
The plaintiff is represented by David S. Jaffe of Freundlich & Littman, in Philadelphia.
The defendants are represented by Jennifer Holsten Maddaloni of Holsten & Associates, in Media.
Delaware County Court of Common Pleas case CV-2021-000526
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com