A Falmouth woman is suing the Town of Falmouth after falling while playing pickleball at the Gus Canty Community Center.
According to the lawsuit, Christina Clancy fell while playing pickleball in October 2017. She was hospitalized and required multiple surgeries after the fall.
Attorney John C. Manoog III filed a civil complaint in Barnstable Superior Court on October 15 seeking payment of medical bills and other relief. Although the complaint does not specify an amount of damages, Mr. Manoog requested $500,000 in an August 16, 2018, letter to Town Clerk Michael C. Palmer. He outlined Ms. Clancy’s injuries and $190,488 in medical expenses in the letter.
“Ms. Clancy was playing pickle ball, when she suddenly caught her foot on the floor, twisted it, and fell to the ground, landing heavily on her right leg and hip,” Mr. Manoog wrote. “Immediately, after falling, Ms. Clancy noticed that she had caught her foot in one of the many areas of the floor that were missing pieces of the floor covering, causing large divots. As a result, Ms. Clancy suffered injuries to her elbow, leg, and hip.”
X-ray and CT scans showed fractures in her femur and elbow, Mr. Manoog wrote. Both injuries required open reduction surgery. She underwent a second surgery, arthroplasty of the radial head of her elbow, in October 2017.
Mr. Manoog argued that the injuries were caused by the town’s negligence, including its “failure to exercise a proper degree of care, failure to ensure safe surroundings, failure to inspect and/or properly maintain the area which patrons regularly use, failure to ensure that the property was not dangerous, and failure to warn of the hazardous conditions.”
Town Counsel Frank K. Duffy confirmed receipt of the complaint.
“As is our customary practice, the claim and subsequent complaint have been referred to the town’s insurance company, Massachusetts Interlocal Insurance Association, for an appropriate defense,” Mr. Duffy said. “The case is under investigation and no further comments are available at this time.”
Superior Court time standards state the case should be resolved by settlement or trial by October 2020.