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Zephyrhills sued over fall in park
By Times staff writer DADE CITY -- A 66-year-old man is suing the city of Zephyrhills, claiming he tripped on a sidewalk in a city park last year. Attorney Drew Ben Hudgins filed the lawsuit in Circuit Court on Monday. The complaint doesn't say how much client Donald McCracken and his wife, Lillian, are demanding for the nose, mouth and back injuries he says he suffered, just that it will be more than the $15,000 threshold to elevate the case to Circuit Court. According to the lawsuit, McCracken tripped on uneven pavement in Zephyr Park on Jan. 29, 2001. The lawsuit says the city failed to fix the sidewalk or post warnings that the pavement in the park might be uneven. Hudgins said the path was very uneven in at least one spot, creating an obstacle about 3 inches high that his client tripped over. The city fixed the area after McCracken fell, Hudgins said. According to the lawsuit, McCracken suffered "bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition," the lawsuit alleges. His wife suffered the "loss of companionship, society and consortium" of McCracken. The complaint had not arrived at City Hall by Tuesday, but typically such cases are turned over to the city's insurance carrier for evaluation, city officials said.
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From today's Pasco Times |
