By Josh Mrozinski
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.
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