Bellingham will head to court in lawsuit over hole in sidewalk
Bellingham is hiring a lawyer to fight a lawsuit brought against the city by a woman who said she broke her leg falling on a sidewalk in the Roosevelt neighborhood earlier this year.
City Council members met in closed session Monday, May 18 to discuss the lawsuit, and later voted unanimously to seek outside counsel.
Bellingham officials didn’t respond to Bellingham Herald questions about why outside counsel is needed or who was being retained to represent the city.
Bellingham resident Lea Scopeletti sued the city and two property owners on Jan. 22 after she fell into a hole between the sidewalk and curb while on a walk with her child on Orleans Street, according to court records.
The lawsuit alleges that the hole was “difficult or impossible to see” because of a tree or shrub hanging over the sidewalk from the defendants’ property, and that the hole was filled with grass and debris.
Scopeletti said her right foot got caught in the hole, and she fell forward, causing fractures to her right leg and ankle and injuries to her left hand, elbow and leg.
The city of Bellingham and the owners of the property near the hole were sued for negligence for allegedly breaching their duty of reasonable care to keep the sidewalk in a safe condition. Scopeletti is requesting damages for her physical, psychological and emotional injuries; loss of enjoyment of life; pain and suffering; lost wages; and permanent disability.
The city of Bellingham responded to the court summons on Feb. 3 and requested that the case be dismissed with prejudice. The document filed says the city denies any responsibility for the injuries and damages, has exercised ordinary care in respect to the litigation topic and was never notified of any alleged defect in the sidewalk until after the incident.
The city also said that any potential negligence by the property owners named in the lawsuit is unrelated to the city, and that people using the sidewalks have a duty to exercise ordinary care for their own safety.
The property owners responded Feb. 20 and similarly asked for the case to be dismissed. They denied the majority of the lawsuit’s allegations on the basis that they did not have sufficient information to admit or deny them.
