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Tamaqua couple sues high rise owner for damages due to fall

Published January 23. 2013 05:04PM

A Tamaqua couple filed a civil suit against the ABC Tamaqua Hi-Rise Associates, LP, and Corporation in Schuylkill County court for injuries allegedly caused in a fall and seek damages in excess of $100,000.

The action was started by Carol Leitgep-Faust and husband, David Faust, both of 505 Brew St., for injuries suffered by the wife.

The suit alleges on or about March 7, 2011,

the Fausts were lawful tenants in the high rise apartment building located at 222 E. Broad St. and the wife was sitting in a chair, located in the community room, when it is alleged the chair suddenly and without warning broke and or collapsed causing her to fall and sustain the injuries which form the basis of the suit.

The suit blames the accident on negligence and carelessness on the owners of the apartment building and was due in no manner to any act or failure to act by the injured party. The negligence charged against the owners of the high rise consists of the following alleged reasons:

Creating a dangerous and defective condition in the community room patio by leaving a broken and uneven chair in the patio, failing to keep and maintain the premises in a reasonable safe condition, failing to provide and maintain safe furniture for use, failing to take precautions to prevent harm by removing, repairing or taking out of service the broken chair, failing to warn persons of a defective existing condition, failing to inspect the premises at reasonable intervals and disregarding the rights and safety of its tenants.

The suit claims as a result of the accident, Carol Leitgep-Faust has suffered serious and permanent head injuries, disorientation, right side weakness, gait dysfunction, and inappropriate and impaired speech. It is claimed she will be required to receive and undergo medical attention and care and to expend various sums of money and to incur various expenses and may be required to continue to expend sums of money for an indefinite time in the future.

The wife seeks damages in excess of $50,000 and her husband has also filed suit seeking damages in excess of $50,000 claiming the carelessness and negligence of the owners of the high rise apartment have deprived him of his household services of his wife, all of which have and may in the future continue to cause great emotional and financial loss and damage.

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