NEW LEXINGTON– A trial has actually been scheduled for July in a claim against the village of Crooksville, by a village homeowner who declares to have been injured while walking on a torn-up street where new water lines were being installed.Rocky Chevalier,
Jr., filed his suit in Perry County Common Pleas Court on April 26, 2021. In it, he recounts that in April 2019, he was strolling on North Buckeye Street in Crooksville, and “was hurt when he got his foot caught in a hollowed out area of the street which had been left without warning or appropriate preventative measure being required to protect members of the public from injury.”
The complaint declares that the professional laying the water pipes, the New Concord, Ohio-based Freedom Building And Construction Enterprises, was negligent in doing its work, and in stopping working to install warning signs to alert pedestrians to the harmful condition the work had created.By not keeping a public street in a hazard-free condition, the lawsuit declares, Crooksville stopped working to satisfy its legal commitment, and is also liable.Chevalier is asking for
a judgment of at least$ 25,000 adequate to spend for his injuries and damages, plus his lawyer costs and court costs.Crooksville has responded to the lawsuit, arguing to name a few points that under Ohio law the village takes pleasure in immunity from liability as a political neighborhood; that Chevalier’s claim ought to be dismissed for failing to specify a claim on which relief can be granted; that he has actually stopped working to consist of all needed celebrations in his fit; that he has actually failed to reduce any damages he may have suffered; that any damages should be minimized or barred by”his own degree of neglect “; that he presumed the threat that caused his supposed injury; that any damages were caused by” the stepping in or superseding acts of others for whom (the village)is not responsible,”and not by”any act or omission” on the town’s part; which the village owed no responsibility to him.The village has asked Judge Tina Boyer to dismiss Chevalier’s claim
with bias, indicating it could not be re-filed, and to award the village expenses and legal fees.Last month, in action to an order from Boyer, both sides in the fit filed pre-trial declarations,
laying out details such as what they see as the legal and accurate problems in the match, and the evidence and witnesses each anticipates to introduce.In Chevalier’s declaration he declares that his medical costs from his injury to date come to more than$20,000. In the village’s statement, it states that”concerns of reality exist concerning the nature amd degree of any supposed injury sustained by (Chevalier ), and whether those injuries were proximately brought on by any act attributable tto Crooksville.”It likewise recommends that the village “owed no duty to (Chevalier) under Ohio law, as the dangerous condition of the sidiewalk was open and apparent.”Chevalier has actually determined a variety of medical expert witnesses he might call. The village has asked to conduct an independent medical exam on him.
Source: https://www.perrytribune.com/news/article_871462fa-6b26-11ec-9921-27ef3d30b4c3.html