WINFIELD — A man is suing Konigsberg - Red Deer LLC alleging he was injured while providing the apartment complex lawn care services.
Matthew S. Harmon contracted with the defendant to perform law care at Red Deer Apartments on June 29, 2020, according to a complaint filed in Putnam Circuit Court.
On that day, Harmon unknowingly stepped onto a grate behind a shrub that he was trimming and the grate collapsed, causing his foot to fall through, according to the suit.
Harmon claims during the fall, the hedge trimmer he was using severed the ring and pinkie fingers on his left hand.
The plaintiff immediately sought medical treatment for his injuries and was referred to a hand specialist surgeon in Louisville, Ky., who attempted to reattach his fingers surgically, according to the suit.
Harmon claims despite the attempt by the surgeon, the full use and function of his hand was not restored and nearly two years later, he continues to suffer from functional deficits in his hand that are expected to be permanent.
The purpose of the grate was to protect residents, children and visitors and the defendant knew that a person could be injured by stepping or falling into an exposed hole uncovered by a grate, according to the suit.
Harmon claims the defendant was aware that the grate needed to be properly installed and in good condition and be sturdy enough to support the weight of people it knew would step onto it.
"However, defendant either failed to install the subject grate properly or failed to inspect its conditions and/or placement and thereby created an unsafe and hazardous condition," the complaint states.
Harmon is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Richard E. Holtzapfel of Holtzapfel Law in Hurricane.
Putnam Circuit Court case number: 22-C-86