Just as the Samuel Madden Homes (Downtown) Project, known as The Berg, is coming together after a decade-long struggle, the Alexandria Redevelopment and Housing Authority (ARHA) is slapped with a $10 million civil law suit.

Filed in the Circuit Court for the City of Alexandria on June 20, the suit seeks damages on three counts for injuries suffered by Alexandria Police Officer William A. Lyle while chasing a suspect in Jefferson Village on Sept. 20, 2000. It alleges that, "At all times...William A. Lyle, was ... performing his duties and responsibilities..."

The action is also against The West Street Limited Partnership which, according to the suit, is jointly responsible, along with ARHA, "for the care and maintenance of the common areas of the property located at 1400 Prince Street." It further maintains that both entities were "formed for the purpose of acquiring, rehabilitating and managing" the multi-family residential rental project.

On the night in question, Lyle, 37, collided with a chain barrier stretched across a sidewalk injuring his leg severely enough that it was later amputated at Johns Hopkins Hospital after he was transferred there from Inova Alexandria Hospital. Lyle's attorney, Michael A. Kernbach, explained that the blood circulation could not be restored to the leg, thus necessitating its amputation.

He and two other Alexandria police officers were patrolling the Jefferson Village area in an unmarked car about 9 p.m. investigating drug dealing activity, according to the suit. When Lyle exited the car in plain clothes he gave chase to a suspect, but, due to alleged poor lighting failed to see the chain.

A PRIMARY ELEMENT of the suit is that, "ARHA hired maintenance personnel with an on-site maintenance office located in unit 1428...for the purpose of providing general maintenance." This included "the inspection and repair of outside lights" and "repair and replace any and all dangerous and unsafe conditions."

It also states, "The defendants [ARHA and West Side] or persons under their control ... erected two steel poles...to which an iron or steel chain was affixed ... at a height varying from 3 feet to 2 feet." It was "untreated and...began to rust or oxidize to a dark color."

The suit further contends the "property had no less than nine exterior light fixtures...as well as light fixtures at or near where the chain was erected..." But, it further notes, residents and neighbors had "complained repeatedly to the defendants, their employees and the City of Alexandria" that "outside fixtures were being broken or were burning out so that little, in any, lighting would be available to safely use the common areas of the property."

Kernbach, in his suit for Lyle, further alleges, "In response to these complaints, due to the repetitive nature of the damages ... the defendants, prior to Sept. 20, 2000, stopped repairing said lights and left them in an inoperative condition." It is this fact upon which Lyle allegedly bases his suit.

"You can't just put up a chain across a sidewalk and walk away from it," Kernbach insisted. "Even though everyone has been very sympathetic to Mr. Lyle, there are a lot of things that need to dealt with here."

Kernbach explained the 21 month delay in filing the suit as, "A need to wait and see how Mr. Lyle's medical condition progressed. There was also the question of what would happen to his career."

Lyle is back on duty with the police department working in the community support area. He walks with the aid of a prosthesis. But, according to the suit, he has lost wages in addition to suffering mentally as well as physically.

WILLIAM DEARMAN, ARHA Executive Director, acknowledged that they had been served with the action on June 24, but could not respond. He did state that ARHA's insurance carrier, Liberty Mutual, would select an attorney for them. "This is not something our regular legal counsel would be doing for us. They deal more with housing matters," Dearman clarified.

Damages against ARHA and West Street are sought on three contentions:

1. Common Law negligence alleging "It was the duty of defendants...to use ordinary and reasonable care in the maintenance of the common areas." This would apply to both the lighting and chain, according to the suit. It contends this constitutes "gross negligence and willful and wanton conduct" which, in turn, caused Lyle "to sustain serious, disabling and permanent injuries."

2. Violation of the Virginia Code pertaining to the responsibility of owners of the property, ARHA and West Street, to maintain the property in "a reasonably safe condition" so that Lyle could perform his duties as a police officer.

3. Strict Liability for not maintaining "the common area...walkway and sidewalks...for the free use and safe passage of tenants, invitees and members of the general public, including police officers..." It goes on to maintain the chain, in addition to being allowed to rust, was also allowed "to loop to such a low height so as not to be visible, and, finally failed to adequately mark or highlight the chain or provide sufficient ...lighting...all of which constitutes a public nuisance."

When asked his reaction to the suit, ARHA Chairman A. Melvin Miller stated that he was not surprised. "As a lawyer I am used to lawsuits being filed in cases such as this," he said.

ARHA and The West Street Limited Partnership now have 21 days to respond. As Dearman noted, it is now in the hands of Liberty Mutual Insurance Company and their designated attorney.