Pamela Dale, 49, was driving south on Peachtree Road on the morning of Aug. 13, 2016. As she traveled along the route, the front of her vehicle suddenly became airborne after driving over an uncovered manhole.
The Incident on Peachtree Road
According to court filings, the impact caused the front of the car to rise four to five feet into the air before crashing back to the pavement. The vehicle then traveled approximately 15 yards down the street before coming to a complete stop.
Dale alleged that the city failed to maintain the manhole in a safe condition, creating a public nuisance. She claimed the manhole was installed 4 to 6 inches below the surface of the ground, violating municipal, county, and state regulations.
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There were no warning signs or barricades near the hazard to alert drivers. Dale sued the City of Atlanta and the Department of Watershed Management, asserting that the dangerous condition of the public property directly caused the crash.
Injuries and Medical Treatment
Dale was transported by ambulance to the Piedmont Hospital emergency department. Doctors diagnosed her with a compressed lumbar fracture at the L5-S1 vertebrae, a left wrist fracture, and lacerations to her left hand. She also sustained a soft tissue neck injury.
To address the spinal damage, Dale underwent a kyphoplasty. During this procedure, bone cement is injected into the collapsed vertebral body to stabilize the bone. She remained hospitalized for nine days following the surgery.
After her discharge, Dale was unable to walk for four months. She underwent four months of physical therapy sessions twice a week. Her recovery required the use of a walker for one year, a back brace for six months, and ongoing pain medication.
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Liability and Expert Analysis
An accident reconstruction expert testified on behalf of the plaintiff. He opined that the city knew or should have known that installing a manhole several inches below the street surface posed a serious hazard.
The expert stated that constant pressure from trucks and automobiles likely caused the manhole to dislodge and flip off the base. The heavy cover was eventually found approximately seven yards away from the open hole.
The defense argued that there was no notice of the alleged public nuisance prior to the accident.
