Parent sues U. for injuries from collision

A Penn parent struck by a bicycle on Locust Walk during move-in in 1997 filed suit last month against the University alleging that it negligently allowed a bike race through campus during one of the busiest days of the school year. The suit, filed in Philadelphia Common Pleas Court on August 2, asks for more than $50,000 in damages. Besides Penn, it names as defendants the three bicycle courier companies that organized the race, as well as the unidentified man who hit the plaintiff, Tova Heller. Besides negligently allowing the race to go on, the lawsuit alleges that Penn does not adequately enforce its existing rules prohibiting people from riding bikes on Locust Walk on weekdays. "Bicycle riders traverse [the 38th Street Bridge] on any given day, at any given hour, without ever being stopped or warned," the suit said. It adds that since Penn has a policy barring most bicycle riding across the bridge, it knew of the possible hazards and should have been more careful. Penn, which has retained William Janssen of the Center City law firm Saul, Ewing, Remick & Saul, filed a response denying all of the allegations. According to Dan Silverman, Heller's lawyer, the University filed a countersuit against American Expediting, Time Cycle Couriers and Chroma Copy, its codefendants in the case. The cross claim means that if Penn is found responsible for the allegations, it can collect a contribution from the other defendants. "Allowing bicycles to traverse the 38th Street footbridge poses a significant danger to pedestrians on the footbridge and in the area on either side of the footbridge," Silverman said. "Penn should have extended its not-bike riding policy to this very busy Saturday." He estimated that several dozen people were in the immediate area during the accident. In the suit, Heller claims that while standing at the bottom of the footbridge on Locust Walk across from what was then the University Bookstore, a 200-pound man on a bike came speeding down the bridge and rode directly into her, knocking her head-first to the ground. The cyclist immediately rode away, the lawsuit alleges, leaving Heller -- who sustained a fractured collarbone, permanent shoulder deformity and brain and vision problems -- unconscious. She was treated at the Hospital of the University of Pennsylvania. Now, two years later, Heller continues to need physical therapy for her injuries and is unable to enjoy her formerly active lifestyle, the lawsuit claims. Tova and her husband, Michael, are seeking compensation for more than $30,000 in medical fees and Tova Heller's loss of livelihood. Michael Heller is also seeking compensation for the "companionship, support and consortium of his wife."