Nicholas Malfitano Jun. 25, 2015, 1:04pm


PHILADELPHIA – A defendant in a May 2011 slip-and-fall negligence lawsuit filed in the Philadelphia Court of Common Pleas may be subject to sanctions for alleged failure to cooperate with discovery requests.

The hearing, to take place Thursday at Philadelphia City Hall, will determine whether Philadelphia-based defendant Tony Zheng will face financial penalties in connection with supposed non-cooperation related to answering questions and document requests.

On May 12, a judge ruled 10 days from the docketing of that order, Zheng would be responsible for paying $100 per day he did not respond to the questions and document requests put before him, in addition to a payment of $250 for counsel fees.

The City of Philadelphia, Zheng’s co-defendant in the lawsuit filed in May 2011, found him liable for a judgment of $44,800 on Jan. 16, though he allegedly also did not respond to requests regarding this matter, either.

The case goes back to Feb. 23, 2010, at which time Zheng owned and operated Silek Hair Salon at 635 Oregon Avenue. Allegedly, Zheng permitted and failed to correct a defective and broken sidewalk in front of his hair salon.

According to the lawsuit, a fall suffered by Philadelphia resident Frank Maccarone was due to this broken sidewalk. Maccarone’s injuries from the accident included a tear of both the lateral collateral ligament and extensor mechanism in his right arm, along with severe physical and mental pain.

Maccarone also sustained permanent loss of bodily function, loss of earnings and medical bills exceeding $1,500. Maccarone further seeks to reclaim expenses through “third-party recovery” and the Pennsylvania Political Subdivision Tort Claims Act, per state law. This led to him suing the City of Philadelphia

The plaintiff is seeking judgment individually, jointly and severally against all defendants, for a sum not to exceed $50,000.

The plaintiff is represented by Steven A. Liss, in Philadelphia.

The defendants are represented by Deputy City Solicitor Michael Karasik, Drew Salaman of Salaman Grayson & Henry, and Jared T. Hay of Salmon Ricchezza Singer & Turchi.

Philadelphia County Court of Common Pleas case 110502655

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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