MEDIA – A Delaware County woman alleges that she was seriously injured when she fell on a deficiently maintained sidewalk along Taylor Avenue in the Borough of Morton and has filed a lawsuit.
Karen Freida of Broomall filed suit in the Delaware County Court of Common Pleas on April 1 versus the Borough of Morton.
“Defendant Borough of Morton, is the owner of a pedestrian sidewalk located at Taylor Avenue in Morton, Pennsylvania. Defendant Borough of Morton, is responsible for repair and maintenance of the sidewalk. The sidewalk adjoining Taylor Avenue is a pedestrian walkway bordering a municipal parking lot that members of the general public are allowed and expected to traverse. The two photographs attached as Exhibit ‘A’ depict the sidewalk and hazardous conditions at issue. The crumbling sidewalk depicted in the photograph results in an uneven surface presenting a tripping hazard to pedestrians such as plaintiff Freida,” the suit says.
“The photograph attached as Exhibit ‘B’ herein depicts the identical sidewalk in 2012, eight years prior to the incident at issue herein, and showing the hazardous deterioration that would ultimately result in plaintiff’s fall. The deteriorating sidewalk at issue directly abuts the exit/entrance driveway to the parking lot from Taylor Avenue, and it is evident that vehicles reasonably traverse the area of the sidewalk at issue undoubtedly contributing to the deterioration of the cement. At all times material hereto, plaintiff Freida was using due caution while traversing the sidewalk at Taylor Avenue.”
The suit explains that at or about 3:30 p.m. on or about May 15, 2020, while walking on the sidewalk in the subject location, the plaintiff was caused to trip and fall when her foot became caught in the deteriorating sidewalk. Further, the suit states that notice of the incident was given to the Borough of Morton by a letter dated Sept. 24, 2020.
According to the plaintiff, the Borough of Morton committed the following acts of negligence:
• Failure to properly and timely inspect the sidewalk adjoining Taylor Avenue and the adjoining municipal parking lot;
• Failure to provide a level walking surface;
• Failure to adequately maintain and repair the subject sidewalk;
• Failure to warn plaintiff of the tripping hazard associated with the deteriorating sidewalk where plaintiff suffered her fall;
• Failure to properly design, construct, repair and maintain the area surrounding the exit/egress to the municipal parking lot adjoining Taylor Avenue as described herein;
• Causing and/or permitting unsafe conditions to become or remain in the area of the sidewalk as described herein.
“As a result of the aforesaid fall, Freida suffered severe, painful and permanent injuries including but not limited to: right shoulder injuries, right knee injuries, radiculopathy, right wrist injuries, neck injuries, loss of range of motion, weakness, pain, humiliation, embarrassment, anguish and will continue to suffer the same for an indefinite period of time into the future,” the suit states.
“As a result of her fall and the resulting injuries referenced herein, plaintiff has suffered a loss of life’s pleasures and enjoyment and will continue to suffer the same for an indefinite period of time into the future for which claim is made. As a result of her fall and the resulting injuries referenced herein, plaintiff has expended various sums of money in an effort to treat and cure her injuries and will incur additional expenses for an indefinite period of time into the future for which claim is made.”
For a lone count of negligence, the plaintiff is seeking damages in excess of $50,000, together with costs and compensation for delay as this Honorable Court deems appropriate.
The plaintiff is represented by George G. Rassias of Schmidt Kirifides & Rassias, in Media.
The defendant has not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2022-002303
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com