June 12, 2016
A blind woman who was confused by the crumbling and shattered pavement on the drive into a Chubby’s Mexican restaurant on Lowell Street in Littleton has filed a lawsuit against the city, Chubby’s owner and the Colorado School for the Blind. This case stems from pedestrian and auto accident that occurred in December 2013, leaving her with serious injuries.
The Allegations: A Look at this Car Accident Case
According to court papers filed, the blind woman was walking home around 8:30 p.m., when she became disoriented by the shattered pavement in front of Chubby’s restaurant and accidentally mistook the street for the parking lot and walked into oncoming traffic.
- She was hit by a motorist, who was traveling an estimate 35 m.p.h.
- The woman suffered traumatic brain injury and severe spinal injuries as well.
- The lawsuit claims the defendants had reasonable expectation to know about the condition of their parking lot and that it was in disrepair and dangerous for blind pedestrians who use the public transit system and go to the nearby Center for the Blind.
- Two of the non-profit defendants have requested for dismissal of the lawsuit. The plaintiff’s attorney is required to respond by April 15th. However, if both requests are denied, then a trial for the case will be set for later this summer.
- The Center for the Blind said in its motion for dismissal that it had no legal obligation to protect pedestrians from the dangerous parking lot that it doesn’t own.
- Blind persons are common in the City of Littleton because of the location of the Center for the Blind. Another student was killed and two were injured when a driver ran them down in December 2010, when he lost control of his vehicle near a stop sign.
Special Conditions for Filing a Claim Against the City of Littleton
If you think the City of Littleton or any of its employees have injured you or damaged any of your property, and you wish to seek restitution of damages, then you are required to file a written notice of claim within 182 days. It is best to have a knowledgeable lawyer help you file your claim.
Your notice of claim must contain the following information:
- Name and address of the person making the claim.
- Lawyer’s name and address.
- A short statement of the facts as you know them in the dispute, including date, time, place, and nature of grievance.
- Name and address of public employee involved, if any.
- Short statement of the circumstance, injuries suffered, and damages.
- Detailed list of monetary damages being requested.
Contact a Littleton Car Accident Lawyer at Bahr, Kreidle & Flicker
If you have been injured in a car accident through no fault of your own, it’s time to contact a trusted Littleton car accident lawyer at Bahr, Kreidle & Flicker. For a free consultation and to get more information about your potential case and rights, call us at (303) 794-7422 or email us using the contact form on this page.