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Opening statements made in lawsuit against town of Lisbon

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CANTON — Three years after Ashley McDevitt fractured her ankle at the Lisbon Beach and Campground, she finds herself in state Supreme Court trying to claim damages against the town.

In an opening statement in the jury trial Monday, her attorney, Denis R. Hurley Jr., described a pipe-like object jutting out of the ground as a trap set by the town of Lisbon.

Mr. Hurley said it was a dark August night in 2009 and his client was at the campground with her children to view fireworks when she fell.

The town argues that Ms. McDevitt should have stayed on the sidewalk instead of taking a shortcut. “The town is not responsible,” said Thomas E. Kelly, representing the town.

Not once has anyone ever been hurt there before, he said.

Mr. Hurley said after the accident his client experienced great pain in her foot when attempting daily tasks such as washing dishes.

He told the jury Ms. McDevitt incurred high medical expenses, pain and suffering and loss of enjoyment of life.

When a dollar figure is put on the damages, Mr. Hurley said “that number should be a significant amount.”

Testimony in the case is expected to begin today.

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