MEDIA – A Delaware County woman says she was struck by a Port-O-Potty while it was being moved and received serious injuries, allegedly due to the negligence of the backhoe operator tasked with moving the object.
Odette Locher of Springfield filed suit in the Delaware County Court of Common Pleas on Oct. 17 versus Delmont Utilities, Inc. of Newtown Square, Essential Utilities, Inc. of Bryn Mawr, Austin Parke of Coatesville and both Jeffrey R. Parke and Jeffrey R. Parke Company, Inc., both of Downingtown.
“On or about July 19, 2022, Ms. Locher was on her daily walk in the 400 block on Maplewood Road, a residential street on which she lives. Plaintiff was walking on Maplewood Road when Austin Parke, an agent and/or employee of defendants, performing duties required by defendants, was pushing a Port-O-Potty down the roadway,” the suit states.
“Austin Parke used an industrial backhoe to push the Port-O-Potty without a clear line of sight in front of him, as the Port-O-Potty itself obscured and blocked his vision in the direction that he was traveling, resulted in Ms. Locher being struck by the Port-O-Potty and thrown to the ground, after he admitted having her within his sight of vision within the immediate area of his backhoe.”
The suit continues that the defendants are “responsible for the negligent and careless acts and omissions individually and/or of their employees, agents, representatives, and//or licensees, including, but not limited to, those of Austin Parke himself in failing to notice Ms. Locher while moving a Port-O-Potty, despite previously seeing her walking in the immediate area, while working in a residential neighborhood, causing the collision and at such time no named defendant or third-party provided an individual to spot and observe the movement of the subject Port-O-Potty.”
“The failure to take reasonable care to ensure the safety of pedestrians in the residential community resulted in Ms. Locher’s injuries, subsequent damages as the defendants’ actions in moving the Port-O-Potty under such conditions in a populated area are contrary to industry standards. The dangerous condition created by the defendants created a reasonably-foreseeable risk for the exact type of injury that was suffered by the plaintiff and no defendant reported such incident to OSHA, nor were drug and/or alcohol tests administered after the accident. Upon information and belief, defendants are responsible for the care and maintenance of the subject area, and were involved in the performing, ordering, decision-making, and/or overseeing of all such activities at or on the area. At all times material hereto, defendants had a duty to inspect, maintain, repair, discover, eliminate and/or avoid dangerous and hazardous conditions upon the subject area and while performing their work,” the suit says.
“At all times material hereto, defendants owed plaintiff and other persons similarly situated, a duty to ensure that the subject area was reasonably safe; and/or to properly perform the aforementioned maintenance and work duties in a safe and competent manner to make the area safe and to avoid injuries resulting from dangerous conditions created thereon. Defendants breathed their legal duty and/or obligation to plaintiff by failing to maintain a safe and secure property and failing to assure the safety and/or well-being of any and all invitees and/or individuals lawfully in the area. The aforementioned dangerous condition created by the defendants was not corrected and/or eliminated and/or avoided prior to the incident on or about July 19, 2022, which is the subject of this present complaint.”
For counts of negligence, negligent entrustment and vicarious liability/respondeat superior, the plaintiff is seeking damages in excess of $50,000, together with interest, costs, reasonable attorney’s fees and any other amounts as this Court deems appropriate.
The plaintiff is represented by Thomas A. Musi Jr. of Musi Merkins Daubenberger & Clark, in Media.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2023-008814
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com