Manhole fall prompts suit

Published: Monday, March 13 2006 12:00 a.m. MST

After she fell nearly 20 feet into sewage at the bottom of a manhole, Irene Berrett and her husband are suing the grocery store where it happened and the septic service agency that is responsible for maintaining the manhole.

The lawsuit, filed Thursday in 3rd District Court, cites Albertsons, Inc. and A-1 Septic Tank Services for their alleged negligence in maintaining the location.

On Jan. 17, Berrett fell down the uncovered manhole located in the parking lot at the Draper Parkway Albertsons, 1212 E. 12200 South. She landed in "a mixture of cold water, grease and other waste," the complaint says.

Medical personnel determined Berrett, who is 71 years old, suffered several broken bones from the fall, cracked a few ribs and fractured her hip and her spine. Rescue crews were able to pull Berrett from the muck, but she developed an infection and suffered various other complications.

The lawsuit states Berrett has endured severe pain and emotional anguish, as well as other general damages. Medical expenses have well surpassed $100,000 and her husband claims in the suit, a "loss of consortium with his wife, including a loss of his wife's affection, friendship, compassion and services."

Sometime prior to the accident, A-1 had been in the area performing service on the manhole, including pumping out the excess grime that had accumulated. They were performing the job at the request of Albertsons.

Berrett and her husband claim that both companies had the responsibility to protect patrons from any apparent danger.

"At the time of Berrett's fall, there were no barricades or other warnings around or near the uncovered manhole," the suit claims.

The couple is asking for an unspecified amount that would "fully and fairly" compensate for their losses, saying the companies involved should have performed their work "in compliance with proper safety standards."

Albertsons did not respond to several calls from the Deseret Morning News, however a customer service agent mentioned that the company has in the past, always tried to do what it could to clear up any misunderstandings.


E-mail: wleonard@desnews.com

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