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SCHEER, MONTGOMERY & CALL, P.C. ATTORNEYS AT LAW ‘Lense in Goraia and Fleida STEVEN E. SCHEER * DONALD L. MONTGOMERY, JR. * CRAIG A. CALL! WEas Liberty Steet * Savannah, Georgia S40) * ph, 912-235-1279 * ax 912-230-6584 * www May 29, 2019 ‘Via Facsimile: 330-0987 Robbie Byrd, City Manager City of Pooler 100 Southwest Highway 80 Pooler, GA 31322 RE: Sandra J. Downes Town Homes of Village Green, Savannah Quarters development Dear City Manager Byrd, Ihave received a copy of the Anti-Litem notice served on the City of Pooler regarding ‘Sandra Downes. My understanding is the City does maintain the sidewalks, but had no previous knowledge of any defect. The defect was apparently caused by trees planted in the right-of-way causing the roots to become a defect. If the trees are planted in the right-of-way, we now have notice a hazardous condition may occur. Therefore, I believe the trees should be removed. If the homeowners association does not wish the trees removed, an alternative would be to tum over the maintenance responsibility of the sidewalks to the homeowners association. ‘The HOA would have to sign a written agreement to maintain the sidewalks and carry insurance to cover any claims, Time is of the essence, since we are on notice of @ defect. Is it possible to have public works take remedial measures? Very truly yours, Jk fon Steven E, Scheer SES/bg JAMIE CASINO INJURY ATTORNEYS 480 MALL BLVD ‘SAVANNAH, GA 31406 Mayor of the City of Pooler Attn: Mike Lamb 100 US HW 80 Pooler, GA 31322 Robert Byrd City Manager 100 US HW 80 Pooler, GA 31322 Steven Scheer City Attorney 100 US HW 80 Pooler, GA 31322 Stevie Wall Chairman, Board of Commissioners 100 US HW 80 Pooler, GA 31322 R. Jonathan Hart County Attorney P.O. Box 8161 Savannah, GA 31412 Lee Smith County Manager 124 Bull Street, Suite 220 Savannah, GA 31401 RE: Claimant Date of Injury/Claim Dear Sirs: ph (912) 355-1500 fx (912) 303-8651 May 21,2019 CERTIFIED MAIL NO.: 9407111899561846761711 CERTIFIED MAIL Nt 9407111899561846781337 CERTIFIED MAIL Nt 9407111899561846126817 CERTIFIED MAIL NO.: 9407111899561846121546 CERTIFIED MAIL NO. 9407111899561846162488 CERTIFIED MAIL NO.: 9407111899561846167599 : Sandra J. Downes : March 29, 2019 Pursuant to O.C.G.A. §§ 36-33-5 and 36-11-1, you are hereby put on notice of a bodily injury claim concerning my client, Sandra J. Downes. On March 29, 2019, Ms. Downes tripped, fell, and sustained injuries to her right elbow and knee on a sidewalk located just down the street from her home at 210 Village Green, Pooler, GA 31322. At the time of the fall, there was construction being done in this area, and a crack in the sidewalk caused Ms. Downes catch her right foot on the sidewalk and to fall forward into a dirt and gravel area. She attempted to catch herself with her right hand, and she fractured her elbow and tore two (2) ligaments in the process, ‘Due to the fact that Ms, Downes resides in the Town Homes of Village Green area of the greater Savannah Quarters development, she first inquired with her homeowner's association management about the maintenance of the sidewalk where she tripped. In response, the management company for the HOA. confirmed that the City of Pooler owns and maintains the sidewalks in the Town Homes of Village Green development. As the owner of the sidewalks, the City of Pooler has a non-delegable duty to maintain the sidewalks in a reasonably safe condition for their intended use, Further, we are in possession of HOA communications to the Village Green residents just days after Ms, Downes’ fall notifying the residents that the City of Pooler would be in the community repairing sidewalks. Finally, we are aware of at least one other resident of the Village Green townhomes that fell on the same area of the sidewalk where Ms. Downes fell. [have enclosed herewith Ms. Downes’ emails with her HOA management company It is our position that the City of Pooler was negligent in failing to properly and adequately inspect and maintain the sidewalks, in failing to warn residents of the tripping hazard present in the sidewalk, and in failing to adequately monitor the ongoing construction project so as to discover and remedy potential hazards on City property arising from said construction project. ‘As the direct and proximate result of said negligence and injuries, Ms. Downes has received medical care at Ortho Pooler, Benchmark Physical Therapy, and Open MRI. At this point, itis ‘uncertain whether Ms, Downes will ultimately require surgery to repair her tom ligaments in her elbow. We are in the process of gathering her medical records and bills and will furnish the same to you once they are available. To the extent that O.C.G.A. § 36-33-5 requires that Ms. Downes claim a specific amount of damages, Ms. Downes claims $1,000,000.00. Please feel free to contact me should you have any questions. In the meantime, I would appreciate if you would let me know whether the City of Pooler has liability insurance applicable to the loss detailed herein. If so, please forward me a copy of the declarations page so that we may adjust our demand amount accordingly. Very sincerely yours, AVS/ Enclosure