Woman suing OC for wheelchair accident

• Oda Wendt and her family were visiting Ocean City in June 2012.
• She crossed Philadelphia Avenue in a wheelchair, and fell when the chair got caught on a rubber mat.
• Wendt is now suing Ocean City for negligence, seeking a jury trial and monetary damages.

A Philadelphia woman who says she suffered a serious injury on a wheelchair sidewalk ramp in downtown Ocean City is suing the resort town for negligence.

Oda Wendt, 89, alleges in her lawsuit that she fell out of her wheelchair and broke her arm because of a defective sidewalk. She's seeking a jury trial and $750,000 in damages, the complaint states. The complaint was filed Aug. 20 in U.S. District Court in Baltimore.

The incident occurred June 16, 2012. Wendt and her family were on a week-long vacation to Ocean City, their first time visiting the resort. Out on their first night, Wendt needed the assistance of a wheelchair for mobility outside.

They visited the Boardwalk around 8 p.m. When they were done, they left to return to their rental condo. Wendt was being pushed in her wheelchair by her daughter, Astrid Seiger. They crossing Philadelphia Avenue from east to west, at its intersection with Worcester Street, the complaint states.

The front wheel of the wheelchair struck a hard piece of the rubber warning mat partially attached to the ramp, the complaint states. This motion caused the wheelchair to stop suddenly, causing Wendt to fall out of her wheelchair, fracturing her left arm.

The complaint alleges the ramp mat had worn rubber torn off, that the rubber was not flat and uniform as required, and that any defects or unsafe conditions should have been discovered by town employees.

"This was horrible. You obviously couldn't see it, especially at night. It violated state, federal and local codes, all at the same time," said her attorney, Larry Greenberg, in an interview.

Wendt is suing for negligence, strict liability, and violating the Americans with Disabilities Act of 1990. She claims to have suffered physical pain, mental anguish, lost wages, as well as loss of enjoyment in participating in her normal daily and physical activities.

Guy Ayres, attorney for Ocean City, said Philadelphia Avenue is a state road, and the mats were placed there by the State Highway Administration.

"They're not the city's mats," he said. "The town's position is, it's denying liability."

Hal Adkins, Ocean City's public works director, said the town did rebuild all of Philadelphia Avenue sidewalks from North Division Street to the Inlet, but they did not install the mats. He said it was the State Highway Administration who installed the rubberized mats on sidewalks a year after that town project was completed.

A judge has been assigned to this case, but so far no court date has been scheduled.

bshane@dmg.gannett.com

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