WILLIAMSPORT – A Lycoming County woman alleges that while visiting a Pennsylvania State Police barracks, she encountered a defective condition in the building’s front steps, leading her to fall and break her left leg and left shoulder.
Karen M. Gaines of Muncy filed suit in the Lycoming County Court of Common Pleas on June 28 versus Pennsylvania State Police Troop F of Montoursville and the Pennsylvania Department of General Services, of Harrisburg.
“On Sept. 28, 2021, at approximately 11:30 a.m., plaintiff Karen M. Gaines was a public invitee of Pennsylvania State Police Troop F at 899 Cherry Street, Montoursville, Pennsylvania, as she entered and exited said premises for the purpose of inquiring into whether there was a Notary present. At approximately 11:30 a.m. on Sept. 28, 2021, plaintiff Karen M. Gaines exited the front entranceway of 899 Cherry Street, Montoursville, Pennsylvania, traversed the top landing area of the front steps, stepped onto the front steps falling and ending up at the bottom of the steps resulting in serious and permanent injuries as set forth below,” the suit says.
“Immediately after the fall, several Pennsylvania State Police persons and/or employees came to the scene of the fall and were immediately aware of plaintiff’s fall and the condition surrounding it. Therefore, Defendants had actual notice of this incident. On June 21, 2023, Robert B. Elion, attorney for plaintiff, sent the Pennsylvania State Police Troop F and the Office of Attorney General a notice pursuant to Section 5522 of the Judiciary and Judicial Procedure Act, 42 Pa.C.S.A. Section 5522(a).”
The suit adds that some time prior to the within incident, the defendants were aware or should have been aware that the subject matter front railing did not meet code standards, was substandard and caused a dangerous condition – which was that the width between the two railings was in excess of six feet and did not have a middle railing.
“As a result of the above-mentioned incident, plaintiff Karen M. Gaines sustained injuries which include, but are not limited to, multiple fractures in her left leg and fracture of her left shoulder. As a result of the above-mentioned incident, plaintiff Karen M. Gaines required medical treatment, including surgery to her leg and shoulder, hospitalization, admission into a rehab facility, physical therapy, diagnostic tests, mobility restraints and pain medications and may need additional medical treatment in the future,” the suit states.
“As a result of the above-mentioned incident, plaintiff Karen M. Gaines has incurred in the past and may incur in the future medical expenses, suffered permanent disfigurement, has been and may in the future be unable to attend to her usual daily activities, has suffered severe trauma, mental anguish, embarrassment, humiliation and may continue to suffer the same for an indefinite time in the future and has undergone and will continue to undergo prolonged severe pain and suffering, which may continue for an indefinite time into the future and may be permanent.”
For two counts of negligence, the plaintiff is seeking damages in excess of the jurisdictional requirements for compulsory arbitration.
The plaintiff is represented by Robert B. Elion of Elion Grieco & Shipman, in Williamsport.
The defendants have not yet obtained legal counsel.
Lycoming County Court of Common Pleas case CV-2023-00699
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com