10.28.2011

Scranton man sues city and Whiskey Dick’s for injuries from falling into a vault

By Josh Mrozinski
Staff Writer

A Scranton man who was injured two years ago after  plunging into a vault  when macadam on a North Washington Avenue sidewalk collapsed is suing the  city.

Nicholas Cabbotts also is suing Whiskey Dick’s Inc. and Gregory Evans, who at  the time of the July 23, 2009, incident, controlled or possessed the bar,  according to a lawsuit filed in Lackawanna County Court on Thursday.

The Pennsylvania Department of State lists Mr.  Evans as the corporation’s  president.

Efforts to reach city  solicitor Paul Kelly Jr., Mr. Evans and Mr. Cabbotts’s  attorney, Bruce Zero, were unsuccessful.

Today, a fence sits in the area where the sidewalk collapsed. The bar is  located at 308 N. Washington Ave.

Mark Seitzinger, director  of Scranton’s Department  of Licensing,  Inspections  and Permits, declined to  comment.

According to the lawsuit, Mr. Cabbotts was standing in front of the bar on  the sidewalk, which collapsed under him. The lawsuit says Mr. Cabbotts plunged  about 10 feet into a vault and “sustained various severe and permanent injuries”  that were “caused solely and exclusively” by the negligence of the defendants,  including a fractured jaw and body abrasions.

Scranton firefighters rescued Mr. Cabbotts, then 62, from the underground  vault.

The lawsuit seeks more than $50,000 in damages.

According to the lawsuit, Scranton was responsible for the supervision and  maintenance of the vault, while Whiskey Dick’s and Mr. Evans had a duty to  maintain the premises in a “reasonable, safe condition and free from hazards for  public travel.”

It says the defendants had knowledge of the existence of the “dangerous and  defective condition” of the sidewalk.

Contact the writer:  jmrozinski@timesshamrock.com

Read more: http://thetimes-tribune.com/news/scranton-man-sues-city-and-whiskey-dick-s-for-injuries-from-falling-into-a-vault-1.1225059#ixzz1dsLq1z3E

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