A Pennsylvania woman has filed a lawsuit alleging negligence after a dangerous sidewalk condition caused her significant injuries. The complaint, filed by Nia Cornitcher in the Delaware County Court of Common Pleas on September 25, 2022, names Xuong Chi Trinh, Hue Quach, Upper Darby Township, and two unidentified parties as defendants.
According to the court documents, Cornitcher was walking near 360 Huntley Road in Upper Darby when she tripped over an unlevel utility cap embedded in the sidewalk. She claims that the defendants failed to maintain the sidewalk properly and did not provide adequate warnings about its hazardous condition. The plaintiff asserts that this negligence led to severe injuries including cervical and lumbar sprains, bilateral knee and ankle strains, and other physical impairments that have caused her great pain and suffering.
The complaint details multiple allegations against the defendants. It accuses them of failing to inspect and repair the sidewalk at reasonable intervals, neglecting to give warning about the defective condition, and not hiring competent contractors for maintenance work. Cornitcher also cites violations of Pennsylvania statutes including Pa. C.S.A §8542 (b)(3), (5), and (7). "The aforesaid accident was due solely to the negligence and carelessness of the Defendants," reads one part of the complaint.
Cornitcher is seeking damages for medical expenses already incurred as well as future costs related to ongoing treatment. She also claims loss of earnings and impairment of earning capacity due to her injuries. The plaintiff demands judgment against all named defendants jointly or severally for an amount not exceeding arbitration limits plus interest and costs.
Representing Cornitcher is attorney Robert A. Dengler from Clearfield & Kofsky law firm.