Woman suing Ocean City after being dragged by tram
An Altoona, Pennsylvania woman is suing the Town of Ocean City, its mayor and council and two others, for $750,000 over a 2012 incident involving a tram.
The incident occurred Aug. 23, 2012, when Sherry Clapper was on the Ocean City Boardwalk. At about 6:30 p.m. that evening Clapper was riding on the Boardwalk tram while vacationing in the tourist town, according to documents.
The tram was driven by Richard Lee McGaha, one of the defendants named in the case, according to documents. The tram, which consisted of three cars, also had Adela Fedorenco, a conductor, in the third car.
Fedorenco is the final defendant named in the case, documents show.
Clapper began exiting the tram at Seventh Street and only had one foot on the Boardwalk when the tram began moving again. Fedorenco reportedly told McGaha “clear to go,” according to the documents.
Clapper was dragged down the Boardwalk for about 25 feet. Fedorenco admitted it was her fault that the tram drove away while Clapper was still exiting, according to documents.
The Altoona woman is suing, stating she incurred damages including costs of medical treatment, pain, inconvenience, embarrassment and mental anguish, according to documents.
Clapper is asking for judgement against the defendants in the amount of $750,000, plus pre and post judgement interest, costs and attorney fees and any other relief deemed “just, necessary and proper.”
As for naming the town and mayor and council as defendants, Fedorenco and McGaha were employed by the town, according to the documents, which makes Ocean City and the mayor and council “responsible for all negligent acts committed by defendants.”
“Defendant Town of Ocean City and Defendant Mayor and City Council of Ocean City each had a duty to use reasonable care to select employees who were competent and fit to perform the duties of tram driver and conductor in a safe manner, and to retain only those employees who performed the duties safely,” according to court documents.
Clapper is also asking for $750,000 from the mayor and council, plus pre and post judgement interest, costs and attorney fees and any other relief deemed “just, necessary and proper.”
While the incident occurred back in 2012, the case was recently moved to a magistrate judge, Lawrence Greenberg, an attorney at the Greenberg Law Offices, said. Greenberg, along with Zebulan Snyder and the Greenberg Law Offices are representing the woman in the case.
Greenberg said the case has a discovery deadline of June 20, and a settlement conference July 13.
What will likely happen, he said, is a settlement where the judge acts as a mediator.
