City man who sustained injuries from stairwell fall files lawsuit

Jon Campisi Aug. 11, 2011, 4:37pm

A city man who tripped and fell on a flight of subway stairs is suing a number of entities that have control over the public access way, alleging his fall caused bodily injuries.

Philadelphia lawyer Michael P. Bolno filed the slip-and-fall lawsuit Aug. 9 at the Philadelphia Court of Common Pleas on behalf of Philadelphia resident Michael Young.

The defendants named in the lawsuit are University Square Apartments, University Plaza Associates, AIMCO, the Southeastern Pennsylvania Transportation Authority and the City of Philadelphia.

According to the complaint, Young was walking up the subway stairs located on the north side of Market Street just south of 40th Street and adjacent to the University Square Apartments building, when he suddenly tripped and fell due to what he claims was an uneven and broken sidewalk.

The lawsuit accuses the defendants of negligence and carelessness for allowing a dangerous and defective condition to exist on the premises, disregarding the rights and safety of the plaintiff, failing to adequately warn pedestrians of the hazardous condition and failing to regularly and properly inspect the sidewalk on which Young fell.

As a result of his fall, Young sustained injuries including lumbar sprain and strain, right ankle sprain and strain and right shoulder sprain and strain, some or all of which may be permanent in nature, the lawsuit states.

Young has been unable to engage in his usual and customary activities and perform his job because of his injuries, the lawsuit claims, and he has had to spend a significant sum of money on medical treatment.

Because he has been unable to perform his job duties, Young has suffered a loss of earnings and earning capacity, the suit states.

Young demands judgment against the defendants, jointly and severally, in an amount not in excess of $50,000.

The non-jury matter is scheduled for arbitration in mid April 2012.

The case number is 110801510.

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