Brian Deaner '95 has filed a civil lawsuit against the College and is asking for unspecified damages for an accident that occurred on a College sidewalk two years ago.
Sean Gorman, associate college council, said Deaner "claims he slipped and fell in the middle of the winter on a slippery sidewalk due to ice or snow or both."
Deaner, in a court writ, claims the injury was a result of the College's failure to exercise reasonable care in insuring safe conditions at the accident site -- the sidewalk running parallel to Streeter residence hall, according to the Valley News.
Gorman said, "It's not surprising that snow is on the ground in the middle of the winter in New Hampshire."
"Deaner was walking without exercising adequate care," he said.
Joseph F. Daschbach, the College's lawyer for the case, says Deaner's injury, sustained on March 8, 1994, resulted from his own negligence, according to the Valley News.
Daschbach, in a court writ, said the College did not breach any duty of care it owed Deaner, according to the Valley News.
In the lawsuit, filed in Grafton County Superior Court, Deaner claims the fall injured his right knee by tearing cartilage which required surgery to repair, the Valley News reported.
Gorman said Deaner also claims the fall has resulted in chronic knee pain and the possibility of lifelong arthritis.
Daschbach said injuries Deaner attributes to the accident are actually in part a consequence of previous injuries, according to the Valley News.
The Valley News reported Deaner is claiming personal expenses resulting from the injury have exceeded $20,000.
Gorman said the outcome of the case hangs on the legal issue of negligence -- the failure to act within standards of reasonable behavior.
If the facts support a finding of negligence, the negligent party is responsible for damages, Gorman said.
