MEDIA – A Delaware County woman claims that Fernwood Cemetery was negligent in the operation of its funerary grounds, the result of which was her falling into a deep hole at the cemetery.
Deloris Williams of Upper Chichester filed suit in the Delaware County Court of Common Pleas on Feb. 10 versus Fernwood Cemetery Company and Fernwood Vault Company, both of Lansdowne.
“On or about Feb. 11, 2022 at approximately, 2 pm, plaintiff Deloris Williams was attending a funeral service at Fernwood Cemetery, located at 6501 East Baltimore Avenue, Lansdowne, PA 19050. At all times relevant to this action, plaintiff was legally on the premises as a business invitee and, as such, was owed the highest degree of care,” the suit says.
“On the aforementioned date, plaintiff was standing near a grave site at a funeral service. As the attendees were preparing to put flowers on the casket, plaintiff took two steps backwards, so that she was not in the way of the family members. As plaintiff stepped backwards, both of her feet went into a deep hole in the ground, causing her to fall into the hole and suffer serious injuries.”
The suit adds that as the operators of a cemetery, the defendants knew or should have known that individuals frequently walk on grass and dirt areas and taken proper care to ensure the ground was level, especially near a site where a funeral service was being held – and that allowing such a large hole to exist in an area where individuals often walk, needlessly endangers the public.
“As a direct and proximate result of the negligence and carelessness of defendants, plaintiff Deloris Williams sustained serious and permanent injuries which caused a serious impairment of body function. Plaintiff’s injuries include, without limitation, injuries to her muscles, tendons, ligaments, bones, right leg, right ankle, right foot, right knee sprain and strain, right ankle sprain and strain, partial tear of the Achilles tendon, and aggravation of pre-existing conditions, if any, all or some of which are or may be permanent. Plaintiff also makes claim for such injuries, damages and consequences of which she has no present knowledge,” the suit states.
“As a further result of this accident, plaintiff has been or will be obliged to receive and undergo medical attention and care and to expend various sums of money and/or to incur various expenses for the injuries she has suffered and she may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future. As a further result of this accident, plaintiff has or may suffer a severe loss of her earnings and of her earning capacity and power.”
For one count of negligence, the plaintiff is seeking damages not in excess of $50,000, plus interest, delay damages and costs of suit.
The plaintiff is represented by Colleen J. Borum of Fine & Staud, in Philadelphia.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2023-001156
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com