Joplin woman sues city for bicycle accident on Maiden Lane

The City of Joplin's failure to repair a dangerous condition at the railroad crossing on Maiden Lane caused a Joplin woman to suffer a serious injury while riding her bicycle, according to a lawsuit filed today in Jasper County Circuit Court.

In the petition, Mitsy Welch says she suffered injuries to her left clavicle, shoulder, and head.

From the petition:

On or about June 22, 2021, and for some time prior, the railroad crossing was also in a dangerous condition in that the asphalt immediately adjacent to the rails had eroded, broken, crumbled and/or deteriorated so as create large ruts, craters, and potholes with an exposed iron rail.

The angle of the rails through the intersection combined with the large ruts, craters, and potholes between the rails and the asphalt created a dangerous condition in that two-wheeled cycles, such as a bicycles, scooters, mopeds and the like, passing over the railroad crossing have to pass at a skewed angle whereupon the front tire could become caught in the ruts and/or hit the large potholes and cause the cycle to lose control and crash.

The signage Defendant Joplin placed south of the intersection in a parking lot off Maiden Lane was deficient and dangerous in that it gave only general notice about the railroad crossing and did not warn about the dangerous angle of the rails, the ruts, craters, and potholes between the rails and asphalt, and did not warn about the risk that the front tire of two-wheeled cycles could get caught in the ruts, craters, and/or potholes and cause a crash.

The signage on Maiden Lane was owned by Defendant and constituted a dangerous condition of public property.

Defendant had actual knowledge of the dangerous condition presented by the railroad crossing, intersection and signage in that other two-wheeled cycles had suffered similar crashes at the railroad crossing before June 22, 2021.

Defendant knew or could have known about the dangerous condition presented by the railroad crossing before June 22, 2021, in that the City of Joplin knew that other two-wheeled cycles had experienced crashes because of the condition of the railroad crossing and the condition of Maiden Lane before June 22, 2021.

Plaintiff was operating her bicycle traveling northbound on Maiden Lane in Joplin, Missouri.

As Plaintiff’s bicycle was passing over the railroad crossing located just north of the intersection of Maiden Lane Junge Blvd., the front tire of her bicycle struck the pothole between the rail and the asphalt, abruptly causing her bicycle to become uncontrollable and crash, whereupon Plaintiff was ejected onto the roadway and suffered injury.

Defendant had actual or constructive knowledge of the dangerous condition presented by the railroad crossing in sufficient time prior to June 22, 2021, to have taken measures to remedy it, barricade it, guard against it, and/or warn about it.

The dangerous condition of the railroad crossing created a reasonably foreseeable risk of harm of the kind Plaintiff sustained.

The crash aforesaid and the injuries and damages of Plaintiff as described below, are the direct and proximate result of the negligence, carelessness, faults, and omissions of Defendant in one, more, or all of the following particulars, to wit: 

a. not adequately remedying the dangerous condition presented by the railroad crossing;

b. not adequately barricading the dangerous condition presented by the railroad crossing;

c. not adequately guarding against the hazard to two-wheeled cycles created by the dangerous condition of the railroad crossing;

d. not adequately warning about the dangerous condition presented by the railroad crossing;

e. not adequately maintaining the railroad crossing and adjacent asphalt in a condition that was reasonably safe for two-wheeled cycles;

f. not adequately inspecting the railroad crossing; and

g. not adequately erecting signs to warn about the dangerous condition of Maiden Lane at the crossing.

The foregoing negligence, carelessness, faults, and omissions of Defendant directly and proximately caused or contributed to cause Plaintiff to suffer injuries to her left clavicle, shoulder, and head. Said injuries have caused or contributed to cause pain, suffering, anguish, physical impairment, disfigurement, and loss of enjoyment and quality of life. Plaintiff has incurred medical, surgical, rehabilitation, and pharmaceutical expenses, as well as other incidental pecuniary and/or economic damages. Plaintiff has also incurred property damage to her bicycle.

WHEREFORE Plaintiff prays for judgment against Defendant for such sum as is fair and
reasonable, together with any and all costs herein incurred and expended, and for such other and
further relief as this Court may deem just and proper under the circumstances.

Welch, who is represented by Patrick Martucci of the Joplin firm of Johnson, Vorhees and Martucci is asking for a jury trial.