A local school district is facing a lawsuit after a woman suffered severe injuries from a fall on school property. The complaint, filed by Joy Douglas in the Court of Common Pleas of Delaware County on January 11, 2023, accuses the Upper Darby School District of negligence and premises liability related to unsafe conditions at Drexel Hill Middle School.
According to the filing, Joy Douglas was walking on the steps of Drexel Hill Middle School when she tripped and fell due to what she describes as "defective, broken, crumbling and state of disrepair" of the steps. The incident led to multiple injuries including a torn medial meniscus, osteochondral defect, chondromalacia patella, edema, post-traumatic arthritis, and aggravation of a prior knee condition. Douglas claims these injuries have resulted in permanent impairments affecting her knee function and motion.
The plaintiff asserts that the Upper Darby School District had knowledge or should have had knowledge of the hazardous conditions but failed to take appropriate actions to rectify them. Specific allegations include creating hazardous conditions on the stairs, failing to warn about these dangers, neglecting proper inspection and maintenance of the steps, and allowing these dangerous conditions to persist for an unreasonable amount of time. "Defendant breached its duties of care," reads one part of the complaint.
Douglas further claims that as a result of this negligence by the school district, she has incurred medical bills exceeding $5,000.00 and has experienced wage loss along with significant emotional distress such as embarrassment and humiliation. She is seeking judgment against Upper Darby School District in excess of $50,000.00 plus interest and costs.
The lawsuit highlights various failures on part of the school district under Pennsylvania law 42 Pa.C.S. § 8542 et seq., which pertains to exceptions and waivers of governmental immunity in cases involving real property control.
Representing Joy Douglas is Jerry Lyons from Chaiken, Lyons & Gaynier law firm based in Philadelphia.