Court denies move to drop Endicott suit

A defense motion to dismiss a suit against the Town of Endicott was denied Nov. 10 in Whitman County Superior Court. Attorneys representing the town had asked the court to dismiss a damage suit filed by Jimmie Britton who alleges damages sustained when he stepped into a street utility hole in August of 2004.

The court ruled Endicott officials should have been aware that the cover to the utility box had not been maintained in a reasonably safe condition. The ruling followed an Oct. 14 hearing.

The court ruled the Endicott case relates to a precedent decision from a suit against the city of Seattle which involved a manhole cover in a parking strip. That case established that the standard of upkeep on manhole covers which are not in pedestrian crossings is less rigid. In the Endicott case the utility cover in question had been hit by a snowplow blade 9 or 10 years before Britton’s fall, and “legs” were welded to the underside of the lid to help secure it. The court found the lid was recessed on one side and had been observed off a few weeks before Britton’s 2004 fall.