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Canfield woman sues over sinkhole injuries

vindy.com 2 days ago

CANFIELD — A Canfield woman has sued the city of Canfield and neighbors a couple of houses away from her home for injuries she alleges she suffered from falling into a “concealed sink hole” on her neighbor’s property that she says the city tried to fix once before.

Gina Powell, 285 Fairview Ave., filed the suit last week in Mahoning County Common Pleas Court, naming the city; her neighbors, Donald W. Adams and Rhonda Adams of 290 Fairview Ave.; and several Jane Does / John Does as defendants.

The suit alleges that on or about June 26, 2022, Powell was walking along Fairview Avenue in Canfield, and as she “walked upon the premises, she suddenly and unexpectedly fell into a concealed sinkhole.”

The suit alleges that the “premises” were owned, occupied and / or controlled” by Donald and Rhonda Adams.

Prior to that date, the city, “through its agents, employees and / or servants performed repair work to a sinkhole caused by the water and / or sewer lines upon the premises,” the suit alleges.

“Prior to June 26, 2022, defendant Donald W. Adams notified the city of Canfield that the sinkhole returned, but defendant city of Canfield acted negligently, recklessly or wantonly (and) failed to give warning of or remediate the hazardous condition of the sinkhole,” the suit alleges.

The suit was filed by attorney James N. Melfi.

The suit alleges that as a proximate result of the actions of the city and its agents, Powell “fell upon the premises, suffered personal injuries, including but not limited to a fracture of the right ankle, was required to seek medical care, suffered great pain of mind and body, incurred financial obligations, as well as other injury, damage and loss and incurred economic loss, all of which will continue into the future.”

The suit alleges that the Jane / John Does “were agents, servants and / or employees of the city of Canfield and were tasked with maintaining and / or repairing the water / and or sewer lines in the city.”

The John / Jane Doe defendants “lacked the knowledge and training to safely carry out their duties on behalf of defendant, city of Canfield” and “were negligently, recklessly or wantonly hired, trained, retained or supervised by defendant city of Canfield.”

The suit alleges that Donald and Rhonda Adams “owed plaintiff Gina M. Powell a duty to maintain the premises in a reasonably safe condition and to warn of latent or hidden dangers.” It alleges that Donald and Rhonda Adams “had actual constructive knowledge that the concealed sinkhole created a dangerous and hazardous condition.” But Donald and Rhonda Adams “did not post any signs or other devices warning” Powell “of the dangerous and hazardous condition.”

The suit seeks more than $25,000 plus interest in compensatory damages from the date of the incident, costs of the legal action and other “remedies this court deems equitable and just.”

When David D’Apolito, Canfield city manager, was asked about the lawsuit Monday, he said he received a copy of the lawsuit Monday, he contacted the city attorney and is planning to meet with the city attorney today regarding the lawsuit. He had no other comment.

When The Vindicator went to 290 Fairview Ave. on Monday, Rhonda Adams said she had no comment on the lawsuit.

Have an interesting story? Contact Ed Runyan by email at erunyan@vindy.com. Follow us on X, formerly Twitter, @TribToday.

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