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Neighbors Accused of Negligence Leading to Severe Injury

PENNSYLVANIA RECORD

Tuesday, May 13, 2025

Neighbors Accused of Negligence Leading to Severe Injury

State Court
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Judge Linda A. Cartisano | delcotimes.com

A couple from Drexel Hill, Pennsylvania, has taken legal action against their neighbors, alleging negligence that led to a serious injury. Linda A. MacMullen and her husband Michael MacMullen filed a complaint in the Court of Common Pleas of Delaware County on May 2, 2025, against Brian L. McDonald and Mary Anne F. McDonald. The lawsuit stems from an incident where Linda MacMullen tripped over a protruding piece of concrete on the sidewalk adjacent to the McDonalds' property.

According to the complaint, on May 11, 2023, Linda MacMullen was walking back to her car after visiting her dermatologist when she fell due to uneven pavement at 1212 Garfield Avenue in Havertown. The plaintiffs argue that the defendants were responsible for maintaining the sidewalk and failed to address or warn about the hazardous condition. "The negligence and carelessness of all named Defendants consisted of but was not limited to failing to regard the rights, safety and well-being of the Plaintiff," states the complaint.

The document details several allegations against Brian and Mary Anne McDonald, including failing to maintain a safe environment by not repairing or warning about the dangerous sidewalk conditions. As a result of this alleged negligence, Linda MacMullen sustained severe injuries such as loss of teeth, wrist sprain, cuts, bruises, and emotional distress. The plaintiffs claim these injuries have caused ongoing physical pain and financial burdens due to medical expenses.

In addition to seeking damages exceeding $50,000 for Linda's injuries and losses related to medical costs and potential income loss, Michael MacMullen is also pursuing compensation for loss of consortium—referring to the deprivation of companionship and support due to his wife's injuries. The lawsuit emphasizes that both defendants are jointly liable for these claims.

Representing the plaintiffs is Richard B. Bateman Jr., Esq., who argues that this case arises solely from the defendants' negligence in maintaining their property. The plaintiffs seek judgment for damages plus costs, delay damages, interest, and any other relief deemed appropriate by the court.

The case is filed under Case ID: No.CV2025004145, with Judge presiding over it yet unspecified at this stage.

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