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Philadelphia jury awards $5 million over pothole-tripping
The Associated Press
PHILADELPHIA - A woman who tripped over a pothole, aggravating an existing back problem, was awarded more than $5 million by a jury in her lawsuit against a state agency, but the award will be reduced to $250,000 under state law.
Barbara Riley-Wolff, 46, of Blue Bell, sued the Pennsylvania Department of Transportation for negligence for failing to repair the 9-inch long, 3-inch deep pothole, which she tripped over in downtown Philadelphia in May 2002.
Though Wednesday's unanimous verdict was for $5.07 million, PennDOT will only be required to pay $250,000 to Riley-Wolff under the state's sovereign immunity statute, which caps damages in such a lawsuit.
Riley-Wolff's attorney, Andrew Gaber, presented evidence showing that PennDOT had received four complaints about the pothole.
PennDOT said it knew about the complaints but was not responsible for the repair, because the pothole was made by a utility company that had dug up the road.
"If I called and complained to you about your neighbor's sidewalk, that doesn't mean you're responsible," said John Calabro, a state attorney who represented PennDOT.
Gaber countered that PennDOT had actually tried, but failed, to repair the pothole.
Riley-Wolff, who had an existing lower back condition that was made worse by the fall, needed spinal fusion surgery. She also may require future surgery, Gaber said.
The pothole was on Market Street, a state road that runs through the heart of downtown.