Flight Attendant Sues Duluth Over A Pothole Injury
A flight attendant from California is suing the city of Duluth over a pothole she tripped in and broke her ankle and foot.
The Star Tribune is reporting that Southwest Airlines flight attendant Kathleen Petrow says she got out of her car near Essentia Health on E. Third Street and tripped over a pothole she couldn't see because the overhead light was out. The $75,000 suit was filed last February says it has permanently disabled her from her employment where she made more than $40,000 a year. The suit also says the injury has cost more than $25,000 in medical expenses, which included surgery.
The Star Tribune says Duluth said in the court filings that Petrow's injuries were caused by her own negligence when she tripped at a joint between a concrete curb and gutter sections, where the separation is expected because of the water and widely changing weather in Duluth. (Which means, there are a lot of these places in the city where water may have made dangerous places to walk.)
The Star Tribune also reports that the city of Duluth said is shielded by state law from lawsuits from potholes. Duluth attorneys also said the city of Duluth didn't have notice or opportunity to correct the alleged defect in its streets. The city also filed for the lawsuit to be dismissed but a judge allowed it and will see court time in the Summer, then was changed to September.
The city still has to get medical records and deposition from Petrow saying it hadn't set up any meetings because her lawyers were late with their responses. We will have to see how this unfolds. Does it open the door for more lawsuits with cars and other injuries?