WILLIAMSPORT – A New York couple have settled negligence claims against the Potter Family Campground, after one of the plaintiffs fell upon entering a cabin there and sustained a broken shoulder.
Kelly Years and Kevin Years of Caledonia, N.Y. first filed suit in the U.S. District Court for the Middle District of Pennsylvania on Aug. 6, 2020 versus Chambers Family Campground, LLC (doing business as “Potter County Family Campground”), of Coudersport.
“On Aug. 25, 2018, Ms. Years was present on the premises, known as the Potter Family Campground, located at 3075 East 2nd Street, Coudersport, Pennsylvania. Years was lawfully on the premises maintained, controlled, repaired, inspected and/or owned by defendant, when she was caused to trip and fall on a decrepit, defective and/or dilapidated threshold of a cabin, causing her to fall and sustain serious and permanent injuries,” the suit stated.
“As a result of the defendant’s negligence, Years fell onto her right shoulder, sustaining a displaced and comminuted fracture, as well as tears to the ligaments in her shoulder and other injuries to her person. Plaintiff has undergone numerous tests, treatments, has had an injection and is currently scheduled for surgery, in an attempt to cure the injuries caused by defendant’s negligence. Plaintiff’s injuries and damages were caused solely by the negligence of the defendant.”
According to the plaintiffs, the campground was aware of the defect of the cabin’s threshold, but failed to fix, remedy or warn the public of the condition, thereby failing to comply with applicable codes and laws or act reasonably under the circumstances.
Chambers Family Campground, LLC then filed an answer to the plaintiffs’ complaint on Aug. 25, 2020, denying its assertions and asserting nine affirmative defenses against it.
“Plaintiffs’ complaint is barred in that the door threshold over which plaintiff allegedly tripped was not damaged or defective, and barred by plaintiffs’ choice of ways. Plaintiffs’ complaint is also barred by their own comparative negligence and that the answering defendant had no actual or constructive notice of any alleged defect or hazardous condition then existing on the premises,” the answer read, in part.
“Plaintiffs’ complaint is barred in that the door threshold over which plaintiff allegedly tripped was open and obvious. Plaintiff was not a registered guest at the defendant’s campground and was not a business invitee. Plaintiff’s injuries or damages, if any, were caused by third parties over which answering defendant had no control or right of control.”
The answer further stated that though the defense denies there was any defect in the door threshold over which plaintiff allegedly tripped, to the extent the fact finder determines the threshold to have been defective in any way, the plaintiffs’ complaint is barred by the trivial defect doctrine and the defendant had no role in creating or designing the door threshold in question.
U.S. District Court for the Middle District of Pennsylvania Judge Matthew W. Brann ordered the allegations of “recklessness” contained within the plaintiffs’ complaint were to be stricken without prejudice on Sept. 1, 2020, by mutual stipulation of the parties reached one week before.
UPDATE
On Dec. 8, counsel for all parties mutually filed a notice of dismissal in the case, due to a settlement being reached. Terms of the settlement were not released. The notice was formally docketed to the Court on Jan. 6.
“Plaintiffs Kelly and Kevin Years and defendant Chambers Family Campground, LLC (doing business as “Potter County Family Campground”) hereby stipulate under Federal Rule of Civil Procedure 41 (a)(1)(ii) that this action be dismissed with prejudice as to all claims, causes of action and parties, with each party bearing that party’s own attorney’s fees and costs,” the notice stated.
The same day, Jan. 6, Brann ordered the case officially dismissed.
“Upon consideration of the stipulation of dismissal, it is hereby ordered that this action is dismissed with prejudice as to all claims, causes of action and parties, with each party bearing that party’s own attorney’s fees and costs,” Brann said.
The plaintiffs were represented by Kevin M. Blake and Gregory A. Smith of Smith Mirabella Blake, in Philadelphia.
The defendant was represented by Daniel D. Stofko of Margolis Edelstein, in Scranton.
U.S. District Court for the Middle District of Pennsylvania case 4:20-cv-01386
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com