MEDIA – A Woodlyn plaintiff who alleged that an accumulation of water on the sidewalk at her local public library caused her to fall and suffer injuries to her left knee was recently awarded $20,000 by a Delaware County court.
Tiffany McCoy first filed suit in the Delaware County Court of Common Pleas on Jan. 19, 2021 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.”
After the filing of preliminary objections by Ridley Township on March 30 and an amended complaint on May 27, 2021, the township filed an answer and new matter in the case on July 2, 2021.
“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.”
Ridley Township filed a motion for summary judgment on April 1, based upon a supposed lack of supporting evidence supplied by the plaintiff, and upon her own alleged contributory negligence to the injuries which she suffered.
“Plaintiff admits she had been through the same entrance door to the library on approximately 50 occasions before that day. Although plaintiff testified under oath that she was wearing sneakers, it is clear from the surveillance video that she was wearing flip-flops as she entered the building. Plaintiff has not identified or produced any expert who will testify as to liability. The deadline for plaintiff to produce an expert report has passed. There is no testimony or documentary evidence that the Township caused the puddle to exist, knew of its existence or was negligent in any manner. Plaintiff has failed to meet her evidentiary burden to survive summary judgment,” the summary judgment motion stated.
“Plaintiff claims she fell when she entered the building owned by Ridley Township, where the library was located. Plaintiff has failed to establish her damages would be recoverable at common law, if caused by someone without an immunity defense. Plaintiff has presented no evidence that the harm she allegedly sustained was foreseeable. There had been no prior instances of falls that day, or even in the years preceding her fall. Plaintiff has presented no evidence the injury was caused by the negligent acts of the local agency or an employee thereof, acting within the scope of their office or duties with respect to one of the categories listed in 42 Pa.C.S. Section 8542(b). Plaintiff has not identified negligent acts of any Township employee that caused a puddle of rain to appear. Plaintiff has failed to establish the ‘real property’ exception to immunity applies and, therefore, Ridley Township remains immune from liability and damages.”
Plaintiff McCoy filed an answer to Ridley Township’s motion for summary judgment on May 2, denying its rationale for the granting of said judgment.
“She was caused to fall on an accumulation of water as a result of defendant Ridley Township library admittedly having not placed enough rubber mats over its tile flooring in the vestibule area, thereby exposing an area of 23” by 28” to the elements including rainwater on the shoes of patrons. A plaintiff’s footwear is not a basis to grant summary judgment in a common law negligence case. While defendant can seek to impeach plaintiff with a contradiction in her footwear testimony, it is impertinent to their motion and is therefore denied,” per McCoy’s answer.
“To the extent deemed otherwise, plaintiff’s cause of action falls within the real property exception to sovereign immunity. Further, local government immunity is eroding nationally and of late, it has been interpreted more broadly than historically. The essence of this case is common law negligence and summary judgment should not even be sought in this case. The extent or severity of plaintiff’s injury is a matter of fact to be decided by the trier of fact. The absence of rubber mats is a perfectly cognizable theory of the case for plaintiff and affords no basis for defendant to claim that as a matter of law, plaintiff cannot meet her evidentiary burden to survive summary judgment.”
Previously, it was noted that before the Court could decide on the question of summary judgment, the case was remanded to arbitration through an order from Delaware County Court of Common Pleas Judge Spiros E. Angelos on April 8.
However, Angelos denied the defendant’s motion for summary judgment on June 20.
UPDATE
On Oct. 14, the Delaware County Court of Common Pleas issued a report and award of arbitrators, declaring that the Court’s arbitration team found in McCoy’s favor to the tune of $20,000 – with one member of the arbitration team dissenting on the point of the library’s presumed liability.
The plaintiff was represented by Minos Galanos of Freundlich & Littman, in Philadelphia.
The defendants were 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