On August 28, 2011, plaintiff was riding his bicycle in the complex at Winner’s Circle when his front bicycle tire made contact with an area of pavement with depressed and raised asphalt, apparently caused by tree roots. Upon striking this area of broken asphalt, he was thrown over the handlebars of his bicycle. Plaintiff suffered a broken clavicle as a result of this accident, requiring surgery with hardware. Plaintiff’s hardware from the right distal clavicle region was removed in January 2013, almost 18 months after the accident. Defendant was negligent in failing to maintain the premises and by failing to keep it free and clear from hazards on the roadways and sidewalks. Defendant was also negligent in failing to warn or mark the area of this dangerous condition.
