FONDA - A Canajoharie resident and his wife filed a lawsuit against the Canajoharie Central School District on Tuesday due to an alleged fall last summer at the school's fitness center.
Donald and Pearl Mabbett, represented by the law firm Martin, Harding and Mazzotti, seek unspecified damages for Donald Mabbett's "serious and permanent injuries," according to a lawsuit filed in the Montgomery County Records Office.
The suit says on Aug. 9, 2011, at 5:15 a.m. Mabett was on his way to the school's fitness center, which is open to the public.
The suit says Mabett fell due to unsafe conditions leading into the fitness center and a failure to "remove construction debris not expected to be used by members of the public to access the fitness center."
The suit also states the school failed to come up with an alternative entrance.
A representative from the Canajoharie Central School District was unavailable for comment.