The Press Democrat, from Petaluma, has reported that an elderly woman has filed a lawsuit for a debilitating leg injury that occurred when she stepped into a deep drainage inlet -a foot lower than the pavement - that had not been marked.
On March 1, 2010, C.H., 65, was walking home from her choir practice at the United Methodist Church, near the crosswalk at Fifth and D streets, when she stepped off of the curb and into the deep depression, causing her leg to break.
The complaint was filed in the Sonoma County Superior Court.
Petaluma is known for its older, badly maintained streets - though instances of personal injury lawsuits are uncommon.
After the fall, C.H. suffered with a displaced fracture of both bones in her lower left leg, has had multiple surgeries, and will require further medical care for permanent damage.
A claim was filed against the city - which is required prior to filing a lawsuit - and was denied.
Eric Danly, the City Attorney, could not discuss the case due to the current litigation.
Tad Shapiro, the Santa Rosa-based attorney representing C.H., said, "The city has really been working with us to evaluate the case and resolve it. I give them credit for recognizing they have a problem here and are trying to get it resolved."
The suit states that there was no natural light on the evening of March 1, and that a street light, above the intersection where C.H. fell, was either broken at the time or simply not activated.
Shapiro continued, "We think this is pretty dangerous and in fact it was dangerous on the night of Mrs. (C.H.'s) injury. Especially in the dark with the street light directly above the intersection out, there was no way to see it."
The vicinity of the accident - considered one of the oldest and busiest of the west side - has several areas where the gutters create deep dip hazards.
The suit states that with the elevation change left unmarked, coupled with poor to nonexistent lighting, that the gutters have "constituted a trap for pedestrians, bicyclists and motorists" and therefore, makes the city negligent.
Shapiro claims that the city was aware of the hazard and had received complaints in the past.
Recent cuts to the city budget has led to a reduction in the public works staff's ability to maintain the streets. Shapiro has yet to determine if the budget cuts, and a loss of street maintenance, was a factor in C.H.'s fall.
Though the plaintiff is 65, Shapiro contends that she was both active and athletic prior to the fall. But now, Shapiro said the Petaluma resident has "had a significant fracture requiring surgery and placement of a plate and screws."
The suit seeks unspecified damages. C.H.'s medical bills to date hover at approximately $60,000.
If you have suffered in an accident, and you were not at fault, you may have been the victim of a personal injury. Contact a personal injury lawyer today!