LANCASTER – A Delaware woman alleges that collective negligence on the part of a local civic organization and the City of Lancaster, resulted in her falling on a broken curb and sidewalk located in front of the organization’s headquarters two years ago.
Lorri Park of Millsboro, Del. filed suit in the Lancaster County Court of Common Pleas on Sept. 11 versus the Hamilton Club of Lancaster, Pennsylvania and the City of Lancaster.
“On or about Sept. 13, 2021, plaintiff Lorri Park was caused to trip, stumble and fall when her foot became tangled in the overgrown roots of a tree and the broken curbing and sidewalk, adjacent to the street on the North Duke Street side of the Hamilton Club that is located at 106 East Orange Street, Lancaster, Pennsylvania,” the suit states.
“At all times material hereto, the defendants had under their respective ownership, care, direction, supervision and/or control as well as responsibility for inspection and maintenance of the area where the incident occurred and were responsible for exercising due care that the area was safe, non-hazardous and in good condition along with the related duty to warn of hazardous conditions.”
The suit continues that the carelessness and negligence of the defendant Hamilton Club consisted of their allowing a dangerous and defective condition to develop, remain, and persist; failing to replace or repair the damaged sidewalk/curbing when it knew or should have known that a dangerous condition existed for those using the walkway area; violating pertinent federal, state and municipal laws and building ordinances, in the care, maintenance, inspection and requirements for sidewalks/curbing; failing to properly or sufficiently inspect the subject areas and failing to warn individuals of the defective and hazardous condition of the said premises, particularly the area where plaintiff was caused to trip, among other rationales.
“As a result of the aforesaid carelessness and negligence of the defendants, the plaintiff sustained serious and painful personal injuries including, but not limited to, an avulsion fracture of the talus on the right ankle, contusion of left knee and medial compartment disease with bone-on-bone contact in the left knee, which required a left unicondylar knee replacement, as well as other injuries the full extent of which are not known, all of which have caused her great pain and suffering, some or all of which may be of a permanent nature and character and may continue for an indefinite time in the future,” the suit says.
“As a result of the aforesaid carelessness and negligence of the defendants, the plaintiff has been and may in the future be required to expend considerable sums of money for medical treatment and care in an effort to treat and cure herself for the injuries sustained as aforesaid, any and all of which may continue to her great financial loss and detriment into the future.”
For two counts of negligence, the plaintiff is seeking damages in excess of $50,000, plus interest, delay damages and costs of suit.
The plaintiff is represented by Randall M. Justice of Haggerty Silverman & Justice, in Lancaster.
The defendants have not yet obtained legal counsel.
Lancaster County Court of Common Pleas case CI-23-06323
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com