Tourist falls in manhole, seeks $150k from city

Insurance pool review claim against PT as lawsuit continues against construction firm

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An Oak Harbor woman is seeking more than $150,000 from the city of Port Townsend for injuries she said she suffered from falling into a downtown manhole three years ago.

Shenna L. Bomark, 35, filed a claim for damages against the city in May.

Bomark stepped on a manhole cover and it gave way while she was visiting Port Townsend with her family in June 2018. The claim, a necessary precursor to any lawsuit against the city, asks for $151,392 in damages due to injuries she claims she received from falling through a manhole cover on Water Street, future medical expenses, lost wages, and loss of enjoyment of life.

According to court documents, at around 7:30 p.m. June 23, 2018, Bomark was walking west on the Water Street sidewalk with approximately 10 family members, heading to the nearby ferry terminal.

At the Polk Street and Water Street intersection, Bomark said she crossed an underground utility junction on the southwest corner of Water Street in front of the Port Townsend Plaza. The manhole cover was improperly secured, and as Bomark stepped over the cover, it tilted and gave way, according to the claim filed with the city.

THE INJURY

Bomark’’s left leg fell through the hole, while her right knee hyperextended. Her right shin and left forearm hit the concrete before she landed on her tailbone.

She immediately felt pain in her tailbone, right knee, and lower back after the fall, she said in her claim. Moments after, Bomark’s brother took pictures of her with his smartphone, thinking the incident was funny before discovering the extent of her injuries.

With assistance from family members, she stood up and made her way to the ferry, where she inspected herself and noticed bruises and abrasions on her left arm and leg. The same night, Bomark called the Port Townsend Police Department’s non-emergency number to report the incident.

THE COST

Bomark received medical treatment for the fall, totaling $26,472 in medical bills, according to documents submitted to the city.

She also seeks to be paid for future medical expenses, and said she is not fully healed and needs physical therapy to treat her ongoing pain.

Due to her limited mobility after the fall, Bomark’s employer was unable to find work for her, she said in her claim. She was out of work from the date of the fall through October 2018.

She returned to work in November 2018, although with reduced hours because of her physical limitations.

Bomark said she was eventually terminated in June 2019 due to her employer closing the business, and Bomark claimed she has been unable to find work since.

In the claim against the city, she is asking for $22,920 for lost earning capacity and lost wages.

Due to inability to sleep through a complete night, inability to perform long distance cardio exercise, constant stress and anxiety, and other restrictions that will affect her for the rest of her life, Bomark also wants $100,000 in value for loss of enjoyment of life relating to the fall.

“We felt that 100k is very reasonable,” said Joe Schodowski, Bomark’s lawyer.

“She lost her job, we asked for one year of lost wages, the general damages are really more intangible.”

The claim has not been settled and the city of Port Townsend has submitted the claim to its insurance pool.

“We really don’t have a claim with the city,” Schodowski said, indicating the liability is with Interwest Construction, Inc., who were completing sidewalk construction at the time of Bomark’s fall.

“We filed a claim with the city to cover all our bases,” he said.

CIVIL LAWSUIT UNDERWAY

Bomark also filed a civil lawsuit against Interwest Construction in Jefferson County Superior Court in March 2020.

In the lawsuit, she is pursuing payment from Interwest in an amount to be determined at trial for personal injuries, property damage, cost of medical treatment, loss of income and earning capacity, and compensation for pain, suffering, and mental anguish, past and future, and loss of consortium.

Bomark is also seeking compensation for attorney fees, lawsuit costs, and other fees relating to this case.

The lawsuit assigns blame to Interwest for improperly securing the manhole cover at the time of Bomark’s fall. 

Around June 23, 2018, when the incident occurred, Interwest was working around the manhole, and the lawsuit claims the company’s workers failed to properly cover it and place orange cones or caution tape around the area to notify bystanders of the construction.

Bomark couldn’t avoid the fall, and acted in a reasonable and non-negligent manner, her attorney said in the lawsuit.

“There’s no reason it should’ve given way under the weight of a human being,” Schodowski said.

“Our argument is this couldn’t have happened but for their negligence…the contractor improperly secured the manhole cover,” he said.

In its response to the lawsuit, Interwest Construction denied responsibility for the incident, claiming the damages Bomark received were caused in whole or in part by her own fault or the fault of others around her.

The company was responsible for installing new concrete sidewalks around the manhole area, and was not contracted to replace or repair any aspect of the manhole or manhole cover. Interwest was not aware of any danger or hazard around the area before Bomark was injured, the company said.

Riley Lovejoy, the company’s attorney, said in court documents that Bomark failed to mitigate damages or protect herself from avoidable consequences.

Interwest acknowledged that there were no traffic cones or caution tape around the manhole on the day of Bomark’s fall, but said workers set up cones and candles around the manhole on June 25, 2018, two days after the incident happened.

No one at Interwest received discipline or warnings for the mishap, the company noted in court records.

During active construction, the work areas were demarcated, and then removed after construction was completed.

A hearing on the lawsuit is set for this week.

Bomark’s attorney has filed a motion for a partial summary judgment on the lawsuit.

The move to bring the lawsuit to a more immediate end has been scheduled before Judge Keith Harper in Jefferson County Superior Court for Friday, Sept. 10.

Bomark’s attorney said the lawsuit was an attempt to set things right.

“We don’t have a time machine. The only thing the law can do to compensate is to give money,” Schodowski said.