SALEM — When Betty Ann Peck came upon a woman passed out on the floor of the ladies room at a Salem restaurant three years ago, she immediately called for help.
Firefighters arrived quickly and set about helping the woman. They asked Peck to move out of their way.
That's when Peck tripped over an equipment bag the rescuers had set down on the floor. Peck fell and broke her left wrist.
Now, Peck has filed a lawsuit against the city saying it's the firefighters' fault that she tripped and fell.
Peck and her lawyers are demanding $100,000.
According to the lawsuit, filed Thursday in Salem Superior Court, Peck's medical bills came to just over $1,800.
But Peck's attorney, Thomas Walsh of Yasi and Yasi, said in his complaint that Peck "was caused to suffer great pain of body and anguish of mind, was caused to incur medical expenses for medical attendance and treatment, was prevented from carrying on and enjoying her usual duties and activities, was caused to lose income or wages, and has been caused to suffer other damages that will be shown at the time of trial."
The lawsuit alleges that on Nov. 25, 2005, Peck was a patron at Strega when she found a woman lying on the ladies room floor.
When the firefighters arrived, Peck "attempted to move away from the woman lying on the restroom floor."
The suit alleges that in "throwing" the equipment bag on the floor, the firefighters created a "negligent, defective and hazardous condition."
A few months later, Peck sent the city a letter informing them of her claim. The city responded, saying it was not liable for Peck's injuries.
More than a year after that, in November 2007, Peck tried again, sending a second claim. The city again denied the claim, saying it was not responsible.
Such letters are required before someone sues a city or town in Massachusetts.
The $100,000 figure also happens to be the maximum damages allowed in a claim against a municipality.
Neither Peck nor Walsh could be reached for comment yesterday.
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