SCRANTON — A scooter driver claims the Pennsylvania Department of Transportation and its contractors left loose gravel and other debris on the roadway which caused his scooter to overturn.
William Gowden and Virgina Gowden filed a complaint July 20 in the Court of Common Pleas of Lackawanna County against Commonwealth of Pennsylvania Department of Transportation, New Enterprise Stone and Lime Co., Ram Construction Services and McTish Kunkel & Associates, alleging negligence.
According to his complaint, Gowden was riding his Honda scooter with his granddaughter riding as a passenger on State Route 435 on July 28, 2019. He alleges that the surface roadway at the intersection where he was attempting to turn was covered with loose gravel and other materials from the recent road work which caused his scooter to overturn.
Gowden claims as a result of the accident he suffered a fractured femur, five broken ribs, a punctured lung, spleen damage and road rash, as well as cuts and bruises. He further claims the Pennsylvania Department of Transportation and its contractors were negligent for failing to clean the loose gravel and debris leftover from the milling application of the high friction surface and leaving the road in a dangerous condition. Gowden also claims the defendants failed to warn motorists of the hazard.
Gowden seeks monetary relief of more than $50,000, trial by jury and all other just relief. He is represented by Brian Walsh and Geff Blake of Blake & Walsh LLC in Scranton.
Court of Common Pleas of Lackawanna County 45th Judicial District case number 21C-3046