In the case of Holmes v. 746 Union Development, LLC, No. 2021-C-1461 (C.P. Leh. Co. Sept. _ 2023 Cohen, J.), the various Defendants filed a Motion for Summary Judgment after the Plaintiff fell from her electronic personal mobility device/scooter when she hit a pothole while attempting to cross a street in Allentown.
The court granted the Defendant’s Motion filed by the Defendant City. In his decision in this matter
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| Judge Zachary J. Cohen Lehigh County |
Judge Zachary J. Cohen of the Lehigh County Court of Common Pleas held that the Plaintiff could not recover as a matter of law where she admitted in her deposition testimony that she was not watching where she was going as she attempted to cross the street in her mobility scooter.
The court additionally noted that the record revealed that, if the Plaintiff had been watching where she was going, she would have seen and avoided the obvious pothole in the road.
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Source: “The Legal Intelligencer Weekly Case Alert” www.Law.com (Aug. 29, 2024).