WILMINGTON, Del. — A judge has dismissed a lawsuit filed by a woman who was injured after tripping over the remnants of a bench removed from a downtown plaza in Wilmington.
Jacquie Lewandowski claimed she was walking toward a bus stop in Rodney Square in 2015 when her shoe caught on the underpinning of what appeared to be a bench that had been taken out of the sidewalk.
The judge on Monday granted the city’s motion to dismiss the lawsuit, agreeing it was immune from liability under the Municipal Tort Claims Act.
The act specifically states that a governmental entity is not liable for any defect or lack of repair in any highway or sidewalk.
The judge also rejected Lewandowski’s request to order the city to provide information on who removed the bench.