LANCASTER – A Philadelphia woman claims that she suffered full-body injuries when a paper towel dispenser fell from the wall at a Lancaster elementary school and landed on her.
Gerasina Pichardo de Marte of Philadelphia filed suit in the Lancaster County Court of Common Pleas on June 22 versus the School District of Lancaster and Carter and MaCrae Elementary School of Lancaster, plus John Does 1-3 and John Doe Corporations 1-3.
“On or about June 24, 2021 and for a long time prior thereto, the premises was an elementary school open and available for public use. As of June 24, 2021, the defendants had a duty to keep and maintain the aforementioned premises in a reasonably safe condition. On or about June 24, 2021, there existed on the premises a broken, cracked, damaged, loose, improperly-secured and/or unsecured paper towel dispenser which rendered the ‘premises’ defective, dangerous, hazardous, irregular and in disrepair,” the suit states.
“On or about June 24, 2021, the plaintiff was lawfully in the aforesaid ‘premises’ when suddenly and without warning, the aforementioned paper towel dispenser fell from the wall, causing the plaintiff to be violently and forcefully struck by the paper towel dispenser, knocking plaintiff to the ground and causing her to sustain the injuries more specifically set forth below.”
The suit continues that the incident was “caused by the joint and several carelessness and negligence of the above-captioned defendants, and was in no manner due to any act or omission on the part of the plaintiff.”
“As a result of the joint and several carelessness and negligence of defendants as set forth below, the plaintiff suffered severe and disabling injuries to the bones, muscles, skin, nerves, tendons, ligaments, tissues and blood vessels of her body, including but not limited to, neck injuries, head injuries, brain injuries, contusions, bruises, together with shock, emotional upset and other secondary problems and complications, the full extent of which are not yet known, some or all of which are permanent in nature,” the suit says.
“As a result of the joint and several carelessness and negligence of the defendants as set forth below, plaintiff has in the past been and may continue in the future to be prevented from attending to her normal duties, occupations and avocations. In addition, she has suffered in the past and may in the future continue to suffer pain, mental anguish, humiliation, embarrassment, loss of sense of worth and well-being, disfigurement, inability to engage in her normal activities and the inability to pursue the normal and ordinary pleasures of life.
For four counts of negligence, the plaintiff is seeking compensatory damages in excess of $50,000 in compensatory damages, together with lawful interest and costs.
The plaintiff is represented by Allan J. Aigeldinger III of the Law Office of Craig A. Altman, in Philadelphia.
The defendants have not yet obtained legal counsel.
Lancaster County Court of Common Pleas case CI-23-04342
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com