A hazardous sidewalk condition has led to a lawsuit against a utility company. Nia Cornitcher filed the complaint in the Court of Common Pleas of Delaware County on June 6, 2024, naming Aqua Pennsylvania as the defendant.
The case centers around an incident that occurred on September 25, 2022, when Cornitcher was walking near 360 Huntley Road in Upper Darby, Pennsylvania. According to the complaint, Aqua Pennsylvania is responsible for maintaining the sidewalk and the embedded utility cap at this location. The plaintiff alleges that Aqua's negligence resulted in an unlevel and uneven utility cap being left unrepaired for an unreasonable period of time. This hazardous condition caused Cornitcher to trip and fall, leading to multiple injuries including back and neck injuries, cervical sprain and strain, lumbar sprain and strain, thoracic sprain and strain, bilateral knee sprain and strain, and bilateral ankle sprain and strain.
Cornitcher's legal team argues that Aqua Pennsylvania failed in several key areas: they did not properly maintain or repair the sidewalk and utility cap; they neglected to inspect the area at reasonable intervals; they did not provide adequate warnings about the defective condition; and they failed to hire competent contractors for maintenance work. The complaint states that these failures amount to negligence per se. "The aforesaid accident was due solely to the negligence and carelessness of the Defendants," reads one part of the filing.
As a result of her injuries, Cornitcher claims she has incurred significant medical expenses and may continue to do so indefinitely. She also asserts that her earning capacity has been severely impacted due to her physical impairments. Furthermore, she alleges that she has suffered from severe physical pain, mental anguish, and humiliation since the accident.
Cornitcher is seeking damages not exceeding arbitration limits plus interest and costs. She demands judgment against Aqua Pennsylvania for their alleged negligence which led to her injuries.
Representing Nia Cornitcher is Robert A. Dengler from Clearfield & Kofsky law firm.