Riverside Drive couple files suit
over sidewalk incident
From Staff Reports
A West Riverside Drive husband and wife are seeking
$100,000 from the city of Elizabethton alleging a hole in
a city sidewalk caused the wife's fall and subsequent injuries
last December.
Filed in Carter County Circuit Court by attorney
William Byrd, James Edward Holsclaw and Mary Leota Holsclaw
are named as plaintiffs in the case against the defendant,
the city of Elizabethton.
The suit reads that Mary Leota Holsclaw was a
pedestrian on the city's sidewalk in the Walker Street area
on Dec. 14 of last year to watch a parade from East Side School.
Mrs. Holsclaw was following the parade when she
stepped into a hole on the sidewalk causing her to fall face
forward and strike the sidewalk with her face and right arm,
according to the complaint.
Mrs. Holsclaw sustained injuries to her neck
and head, including a broken nose and a "radical head" fracture
to the right elbow, the complaint reads.
The suit alleges the sidewalk was owned by the
city and the city was under a duty to reasonably maintain
the sidewalk. The complaint further alleges the city had constructive
and/or actual notice of the hole in the sidewalk. The suit
reads that Mrs. Holsclaw has incurred medical and hospital
bills due to her injuries.
The Holsclaws are seeking a judgment of $100,000.