Northeast Philadelphia condo operators named in premises liability claim

Jon Campisi Sep. 8, 2011, 5:32pm

A Northeast Philadelphia man and his wife have filed a personal injury lawsuit against the owners of a condominium complex for injuries the husband claims to have suffered after falling down the main stairs at his building.

Philadelphia attorney Thomas J. Bass filed the civil complaint Sept. 7 at the Philadelphia Court of Common Pleas on behalf of Leonard Levin and his wife, Jennifer Zak.

The defendant listed in the case is Carousel Station Associates, located at 2137 Welsh Road in Philadelphia.

Carousel Station Associates operates the condo complex at 301 W. Byberry Road, which is where the plaintiffs reside, and where the alleged incident took place.

According to the lawsuit, Levin was walking down the main steps of the complex on May 24, 2010, at about 7 in the evening, when he fell after his foot came into contact with a fragile and weakened and/or broken step.

The suit claims that as a result of his fall, Levin sustained injuries to his bones, muscles, tendons, ligaments, nerves and tissues of his right shoulder and body, including, but not limited to, rotator cuff strain, impingement syndrome, contusion of the humeral head, and early adhesive capsulitis.

The lawsuit accuses the defendant of carelessness, negligence and recklessness for failing to remedy the hazardous situation, failing to properly maintain the premises, failing to inspect the premises for potentially dangerous conditions, failing to erect barricades warning the plaintiff and others of the hazardous condition that existed on the premises, and failing to create a proper and safe path of travel for pedestrians.

As a result of the incident, Levin has had to spend various sums of money on medicine and medical attention, the suit claims, and he has been prevented from carrying out his usual activities, avocations and pleasures.

A loss of consortium count in the suit filed on behalf of Levin’s wife, Zak, claims that his wife has been deprived of the society, companionship, services and assistance of her husband.

Both Levin and Zak demand judgment against the defendant in a sum in excess of $50,000.

A jury trial is not being sought.

The case number is 110900321.

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