The Reporter newspaper, Camdenton Missouri

The Reporter covers Miller, Morgan and Camden County in Central Missouri's Lake of the Ozarks and is published once per week on Wednesdays.

Published May 17, 2017

Camdenton hit with injury lawsuit

CAMDENTON – The city has found itself facing a second personal injury lawsuit and this one involves a water meter cover.

The petition was filed earlier this month by Andrew S. Lyskowski of the Bergmanis Law firm in Camdenton, for Carrie Marlow. That firm is also representing the other personal injury case.

In the suit Lyskowski claims that Marlow, who lives on Ha Ha Tonka Road, was injured due to negligence by the city.

“On July 18, 2014, Plaintiff approached the mailbox at her residence, as she normally would, and while attempting to check her mailbox, she stepped onto a water meter cover, which she had previously stepped on numerous times and knew it to be secure,” the petition stated. “On this particular day, however, the water meter cover was not secure causing Plaintiff to fall, with her leg slipping into the now hole, causing injury to her right leg and foot requiring medical treatment.”

The city is being accused of guilt for the situation because:

• The water meter cover was not properly secured;
• The water meter cover was not properly barricaded;
• There was no signage to warn of the improperly secured water meter cover;
• There were no workers or representatives of the city to warn of the improperly secured water meter cover; and
• No notice was provided to Plaintiff that the water meter cover was improperly secured.

“Defendant knew, or by using ordinary care, could have known, of said condition in sufficient time to have taken measures to protect against the dangerous condition,” Lyskowski stated in the court documents.

According to the suit, Marlow has to step on the meter to check her mail, which is done on a regular basis and the cover was not noticeable to her.

“The dangerous condition, which was not seen or known by Plaintiff, was not such that it would have been open and obvious to a citizen such as Plaintiff. Plaintiff was in a place she could reasonably expect to be in checking her mailbox. Defendant knew, or should have known, that Plaintiff would check her mail occasionally,” the petition stated.

Lyskowski also stated that the city was given written notice, as required by law, prior to the filing of the lawsuit.

The suit is not seeking huge amounts of money and did mention that the city has liability insurance to cover situations like this but Marlow has suffered injuries because of the incident, according to the lawsuit.

“Plaintiff has suffered and in the future will continue to suffer pain, inconvenience, restrictions, and limitations of motion, and permanent disability because of Defendant’s negligence. By reason of her injuries, Plaintiff has paid or has become obligated for, and will in the future pay and become obligated for, items of expense in obtaining and receiving medical care and treatment. Prior to these injuries, Plaintiff was an able-bodied woman, capable of physical endeavors, including manual labor, employment labor and recreational activities. As a direct and proximate result of her injuries, Plaintiff has suffered, and in the future will continue to suffer, an impaired and diminished capacity for work, labor, and recreation. By reason of all the foregoing, Plaintiff has sustained actual damages.”

The suit is asking for “an amount in excess of $25,000 that will fairly and adequately compensate her for her injuries, together with prejudgment interest, together with her costs incurred and expended, and for such other and further relief as the Court deems just and proper.”

As of press time there had been no response filed in court by the city.

The other lawsuit, which is still ongoing, is a claim of injury to a woman who used the waterslide at the city’s Aquatic Center.