If a poorly functioning wastewater treatment system, clogged sewage pipes and a nonoperational fresh water system were not enough, Darlene Mann, owner of the Lightner Creek Mobile Home Park, is facing more legal trouble. This time, the source friction is the bridge that residents and visitors must cross to enter the park.
In a lawsuit filed Thursday in La Plata County Combined Courts, plaintiff John Henry Thompson alleges that Mann failed to take reasonable care to protect against dangers in the park, including the rotting bridge.
According to the complaint, Thompson visited his brother in the park on Dec. 6. As he crossed the bridge on foot, a portion of it gave way beneath him, causing his leg to fall into a hole. Thompson returned to the park on Jan. 3 and fell into a snow-covered hole again, the lawsuit says.
Thompson’s attorney, Chris Cowan, said Mann did not respond to several attempts to contact her before the lawsuit was filed.
Cowan confirmed that Thompson did not break any bones during the falls, and is awaiting the results of an MRI. He also said that doctors indicated that surgery would not be necessary.
“He’s in tremendous pain,” Cowan said. “He told me last week his foot and leg ‘have been absolutely killing me.’”
The lawsuit alleges that there was “no barrier, sign or notice in place to warn or advise persons on the Park’s bridge of any potential danger or risk to them.” It also says Thompson has not worked since the incident.
Mann has not yet filed a written response to the lawsuit. And she has not responded to repeated requests by The Durango Herald seeking comment.
Cowan was unsure exactly how much his client may seek in compensation because his medical expenses have yet to be determined.
rschafir@durangoherald.com
