Lawsuit filed against City of Neosho after melting shoes lead to injuries

A Neosho man sued the City of Neosho after suffering injuries at the Neosho Recycling Center in July 2024.

According to the petition, which was filed today in Newton County Circuit Court, melting shoes, a danger he was not warned about, led to Timothy Scritchfield's injuries.

From the petition:

On or about July 8, 2024, Defendant City of Neosho, Missouri d/b/a City of Neosho Recycling Center (hereinafter referred to as “Defendant”) owned, leased, and/or maintained the premises located at 4700 Howard Bush Drive, Neosho, Newton County, Missouri 64850.

On or about July 8, 2024, there existed a “burn pile” at Defendant’s recycling center where certain items were burned.

On or about July 8, 2024, Plaintiff entered Defendant’s recycling center to dispose of some cardboard when he was directed by an employee of Defendant to throw his cardboard onto the “burn pile.”

On or about July 8, 2024, as Plaintiff approached the dangerous condition to dispose of his cardboard, there existed an area of the ground, near the burn pile, that did not appear to be hot but in fact were coals that were not extinguished (hereinafter referred to as the “dangerous condition”).

Plaintiff walked into the area of the dangerous condition to dispose of his cardboard and his shoes began to melt, causing him to fall into the hot coals sustaining injuries further described herein.

Defendant knew or could have known of this dangerous condition.

Defendant failed to use ordinary care, in one or more of the following respects:

(a) Defendant failed to warn of the dangerous condition;

(b) Defendant failed to remedy or remove the dangerous condition;

(c) Defendant failed to barricade the dangerous condition;

9. As a result of the dangerous condition, Plaintiff sustained the following:

(a) Past, present, and future medical supplies, medicine, and services of physicians, nurses, hospitals, pharmacists, physical therapists, and services of all other health care providers and related medical expenses;

(b) Second and third degree burns up to 30 to 40 percent of his body;

(c) Injury to both hands;

(d) Injury to both arms;

(e) Injury to his right foot;

(f) Injury to both knees;

(g) Injury to both legs;

(h) Injury to his head;

(i) Injury to his neck;

(j) Injury to his right shoulder;

(k) Injury to his back

(l) Lost wages;

(m) Pain and suffering; and

(n) Loss of enjoyment of life.

WHEREFORE Plaintiff Timothy Scritchfield prays for judgment against Defendant City of Neosho, Missouri d/b/a City of Neosho Recycling Center in such sum as is fair and reasonable, interest at the legal rate from the date of judgment, for her costs of action incurred herein, and for such other further relief as is just and proper.

Scritchfield is represented by Brandon C. Potter of Aaron Sachs & Associates P. C.