Woman sues Macon for sidewalk injury

Published: January 18, 2013 

City denies liability for year-old fall

A woman is suing the city of Macon, arguing that city officials are responsible for her fall on a sidewalk more than a year ago.

Macon officials, however, dispute that and plan to file an “appropriate response,” said interim City Attorney Judd Drake.

The lawsuit, filed Jan. 9 in Bibb County Superior Court by attorney Michael Horner, says Geraldine Polite was walking down Telfair Street near its intersection with Anderson Street about 7:30 p.m. on Jan. 20, 2011.

She stepped in a hole in the sidewalk, injuring herself.

“This particular area of Telfair Street is not illuminated by a street light,” Horner’s filing says. “The hazardous condition was previously reported to the city of Macon.”

Horner said by phone that a man who “more or less looks out for the neighborhood” told him that he had reported the hole to the city.

Drake said via e-mail that the city’s Office of Risk Management had already told a previous attorney for Polite that the city was not liable for her injury.

According to Drake, the city determined the city didn’t create the hole and that the city wasn’t notified of it prior to the incident.

Horner said he hurried to file the lawsuit shortly before the statute of limitations would have run out, so he hadn’t yet had time to do extensive research.

He said the hole apparently has been repaired since Polite’s injury.

The lawsuit argues the city is responsible for keeping its streets safe and is liable for Polite’s continued “great pain of body and mind,” and medical expenses.

“Mainly her knee has been the biggest problem,” Horner said. “They’ve recommended she have knee surgery.”

But since Polite provides care for her own mother, she hasn’t had a chance for her still-swollen knee to be operated on, he said.

Though the city is the main target as the owner of the sidewalk, the lawsuit also names Bibb County and, for good measure, “a currently unknown corporation or business entity.”

That’s just in case the city hired an outside contractor for sidewalk maintenance, Horner said, again noting that he hadn’t had a chance to research it.

To contact writer Jim Gaines, call 744-4489.

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