Lack of information stalls Hanania case

by Mae Kowalke
Staff Writer

The trial between a Mentor woman and the City of Athens has been rescheduled to May 19, 2003, granting city defense attorneys more time to investigate the case.

Frances Hanania and her husband, Sam, are suing the city because of injuries Frances Hanania suffered from falling into a partially open water-meter pit near Ewing Hall on South Green three years ago. The incident occurred while Frances was helping her daughter move onto campus in 1999.

The case remains in the early discovery stages, a period of time where attorneys determine what happened. But because the Hananias have not submitted all the information that defense attorneys have requested, the case is in limbo, said Brian Zets, attorney for the city.

The Hanania did comply with a request for Frances Hanania to have an exam by an independent physician, but they still have not answered all the questions defense attorneys have asked, Zets said.

On Oct. 23 Athens County Court of Common Pleas Judge L. Alan Goldsberry granted the city two motions: one to strike the Hananias’ motion that they had supplied defense attorneys with sufficient evidence and one to modify the trial schedule.

The Hananias were given until Oct. 31 to resubmit answers to the discovery questions, which they have now done, in compliance with the request.

But Zets said he does not think the new information will allow the case to proceed.

“They didn’t provide very much information,” he said. “I don’t think it is what we’re looking for.”

Another potentially troublesome aspect of the case is whether the city or Ohio University was responsible for maintenance of the water meter pit at the time of the accident, said Ray Hazlett, assistant service safety director for Athens.

A water meter pit consists of a hole about 12 to 14 inches in diameter and between 3 and 4 feet deep, Hazlett said. Inside the pit is a pipe containing the water meter, which is either read electronically using a handheld device or manually by opening the lid to view the meter.

Meter pits are usually checked on a regular basis, and if the lid on one somehow becomes open, the situation is taken care of quickly, Hazlett said.

But in the Hanania case, the pit was no longer in use so maintenance officials might not have been aware that the lid was open, Hazlett said. This could have happened in any number of ways, including being knocked by a lawnmower.

If the information provided by the Hananias does comply with the city’s request, the next step in the case is to proceed with discovery and a possible deposition, in which defense attorneys would interview the Hananias under oath, Zets said.

Frances Hanania and her attorney, Bryon Freeman, declined to comment on the case.