Gloucester Daily Times
Saturday, February 14, 1987
By MaryBeth Lapin
A Gloucester man who claims he fractured an ankle while playing on a city-owned basketball court this summer is suing the city for $100,000.
James S. Verga of 17 Pine St. has charged the city with failing to keep the basketball court and surrounding ground at Fort Square in safe condition.
Verga’s Lawyer, Joseph M. Orlando of Orlando & White, 1 Western Ave., said that on June 1 Verga fell into a hole on the edge of the basketball court while going for a lay up. A doctor’s examination revealed a fractured ankle, Orlando said.
Orlando said the ankle “has healed as much as a fracture ever does heal” and the $100,000 is for Verga’s pain and suffering – both at the time of the injury and in the future-medical costs and lost time from work. Verga was unavailable for comment.
Orlando said he had advised Verga not to discuss the case. The city’s general counsel, Brian Cassidy said the city denied Verga’s claim on July 30 and has not yet received the complaint written by Orlando Jan.9.
Orlando said the city was negligent in having a basketball court and “not keeping it fit for public use.”
The City doesn’t have an obligation to have a basketball court, but if they have one they are responsible for maintaining it,” Orlando said.
As public property the Fort Square park is maintained by the department of Public Works. Beaches and recreation manager Paul Landry said his division is sometimes responsible for keeping up the basketball court.
“I think in general the courts are in good condition,” Landry said. “No one contacted me at any time about unsafe conditions up there.”
Landry said it was possible Verga’s momentum during the game carried him off the asphalt into a small 1- or 2-inch dip between the playing surface and the grass. The dip has since been filled in, Landry said, and the rest of the ground surrounding the court is level.
