MEDIA – A Drexel Hill woman alleges that Upper Darby Township failed to ensure that a local shopping plaza included a designated pedestrian crosswalk, which resulted in her being severely injured in a pedestrian-motor vehicle accident.
Debra DeAngelis and Spero Pappas of Drexel Hill filed suit in the Delaware County Court of Common Pleas on Dec. 5 versus Upper Darby Township.
“The Pilgrim Gardens shopping center is a shopping center located at 4911 Township Line Road, Drexel Hill, Upper Darby Township, Pennsylvania, with Pontiac Road, as a roadway that gives access to the shopping center. An accurate depiction of the location of the Pilgrim Gardens shopping center shows Township Line Road at the bottom, with a yellow line on the roadway and the curving road through the shopping center as Pontiac Road. Defendant Upper Darby owns and maintains Pontiac Road, the roadway that separates the parking lot depicted in the center above from the strip of stores depicted along the top of the photograph and curving down the right-side of the photograph,” the suit states.
“Pontiac Road is a one-way street at this location, with all traffic forced to travel from the bottom right of the photograph, along the roadway towards the top left of the photograph. On Aug. 23, 2022, plaintiff Debra DeAngelis was a patron of one of the stores located on Pontiac Road in Pilgrim Gardens, when Ms. DeAngelis exited the store, and attempted to cross Pontiac Road to gain access to the parking lot, where her vehicle was parked. At the same time, a vehicle exiting the parking lot and turning left onto Pontiac Road struck Ms. DeAngelis, resulting in injuries, including complex fractures to both legs, requiring surgery and extensive recovery. The vehicle tort-feasor has tendered their policy limits.”
The suit continues that the approximate location of the accident is depicted in the photograph…above, with a yellow dot in the top-right half portion of the photograph.
“There exists a lone marked/designated crosswalk across Pontiac Road from the stores to the parking lot further along Pontiac Road out front of the Ross Store, depicted in the top left portion of the photograph…above, but nowhere near the parking area closer to the shops depicted in the [other] photographs. There exists no marked/designated crosswalks for any of the stores along the right hand portion of Pontiac Road. The parking area is separated from Pontiac Road by the grassy area depicted above,” the suit says.
“The lone marked/designated crosswalk area at the Ross Store has an accompanying paved portion through the grassy separating area, affording access for handicap designated parking spots in the parking area near the Ross Store. The remaining parking area has no designated access across the grassy area for pedestrians, with said access only coming through the vehicle and entrance locations, such as those depicted in the [other] photographs.”
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of $50,000, plus costs of suit and interest allowable by law.
The plaintiffs are represented by Michael LaRosa of LaRosa Law Firm, in Havertown.
The defendant has not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2023-010402
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com