Visually Impaired Man Falls, Sues for Back and Neck Injury

Chehalis, WABlindness on its own is a challenge that carries a myriad of risks and issues for which one has to meticulously plan and prepare in order to counter and move forward in the everyday without the benefit of sight. To that end, anyone who is visually impaired remains, by nature or training, extremely careful. Thus, it is tragic to hear of a visually impaired man encountering an uncovered manhole and sustaining back and neck injury, as well as other injuries. One could also imagine the disaster could have been a lot worse.

The mishap occurred at 11:30 p.m.

Not surprisingly, the man has filed a lawsuit seeking neck injury compensation, together with damages for other injuries sustained in the fall.

According to The Chronicle (Centralia, Washington 7/26/13), Tim L. Franklin is visually impaired and requires a white walking cane. The 42-year-old Chehalis man was on his way to his local Safeway store from his home on July 11 of last year when he encountered a manhole with the cover removed.

Due to his visual impairment, he didn’t see the manhole or that the cover had been removed, and Franklin fell four feet into the pit. According to the report, his right foot became wedged under a metal pipe, and he struck his head on a brick.

Franklin claims to have sustained a back and neck injury in the fall, as well as other injuries. He filed a claim with the Washington Cities Insurance Authority for damages, but his claim was denied. According to the insurer, while the city had been performing work on the road in June and July of 2012, the manhole cover had been replaced but appeared to have been later stolen. The theft, according to the denial, had not been duly reported to the city. Thus, in the insurer’s view, the city was not liable for Franklin’s injury and therefore denied his back injury compensation claim.

Last month, Franklin filed a lawsuit against the city with a neck injury lawyer and a back injury attorney. In his statement of claim, filed July 10 at Lewis County Superior Court, the plaintiff notes that ongoing work performed on a sewer system at the southwest corner of the intersection of Southwest 11th Street and South Market Boulevard had created a large opening in the street, which the defendant had allegedly failed to properly cover up.

Franklin is seeking neck injury compensation and other damages for his pain and suffering. The lawsuit cites injuries to the head, neck, back, shoulders, ankle and hip. The plaintiff claims to also suffer from loss of sleep, and is overcome with fear and apprehension about walking around the community, given his severe visual impairment.