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Being a self sufficient visually impaired person is quite an outstanding accomplishment. Visually impaired people have to reteach themselves how to live in a way completely opposite of what they’ve always known, that is if they weren’t born that way. Either way visually impaired people have a way they live and do things. They have techniques/routines to keep them safe and to help with their everyday routines.
The visually impaired has to carefully maneuver and plan out their days. So when a visually impaired man fell into an uncovered and unmarked manhole it’s pretty tragic. According to reports, 42 year old Tim Franklin needs a cane to maneuver and as he was walking to his local Safeway store he came across an uncovered manhole.
Due to his visually impairment he didn’t see the uncovered hole and the poor man fell into the manhole. Tim fell four feet into the pit and recording to the report Tim’s foot became wedged under a metal pipe and hit his head on a brick! Unsurprisingly Tim claimed to have back pain as well as other injuries.
Tim filed a claim on the local City for damages but unfortunately his claim had been denied. According to reports the City claimed that the manhole had been covered back after the work was finished but ended up getting stolen later. The theft, according to the denial had not been duly reported to the City. So the insurer’s say that the City was not liable for Tim’s injuries, therefore his claim got denied.
After a year of waiting Tim is now filing a lawsuit against the city again with a neck injury lawyer. In his statement he claims that the ongoing work done to the street left a large opening in the street and says that the defendant had failed to properly cover up.
Tim is seeking neck injury compensations and other damages for his pain and suffering. The lawsuit claims injuries to Tim’s neck, head, back, shoulders, ankle, and his hip! Tim also claims to suffer from loss of sleep is in fear and apprehension about walking around the community, given his severe visual impairment!
Daniel A. Gibalevich
DAG Law Firm
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