Comcast contractor files premises liability lawsuit

Jon Campisi Jun. 27, 2011, 2:25pm

A contractor working with Comcast who fell while out on a job at a Center City office building is suing the property owner for injuries he sustained in the incident.

Philadelphia attorney Eugene Mattioni, of Mattioni, LTD, filed the premises liability lawsuit June 23 at the Philadelphia Court of Common Pleas on behalf of Audubon, N.J. resident James F. Rogers, and his wife, Donna Rogers.

Named as defendants in the suit are New York-based Resnick Development Corp., and Philadelphia-based Wachovia Bank, Wells Fargo Bank and Equivest Development Inc.

According to the complaint, James Rogers was performing work at an office building at 123 S. Broad St. when he fell inside of a utility closet that holds Comcast’s hookup equipment.

The closet was not lit, and it contained a drop off the doorway with about a foot-and-a-half to two-foot drop inside, the suit states. Rogers fell and landed on his shoulder, causing a tear in his rotator cuff.

The injury caused Rogers to suffer pain, anxiety, depression and emotional damage, and a loss of the joys and pleasures of life, the lawsuit alleges.

As a result of the accident, Rogers has been unable to perform his job functions and has been left with permanent disabilities that will affect him in the future, the suit claims.

Rogers has already spent money on medical treatment, and is expected to do so in the future, according to the complaint.

The lawsuit faults the defendants for allowing a dangerous condition to exist on the premises.

James Rogers demands judgment against the defendants jointly and/or severally in an amount in excess of $50,000, together with attorney’s fees and related costs.

Rogers' wife has a loss of consortium count in the claim, in which she, too, seeks a judgment against the defendants in an amount in excess of $50,000.

The plaintiffs have demanded a jury trial. The case awaits listing.

The case number is 110602160.

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