Apartment tenant who sustained 10-foot fall in parking garage sues landlord

Jon Campisi Oct. 4, 2011, 7:18am

A Philadelphia woman who alleges she sustained serious bodily injuries after falling into a nearly 10-foot drop at her apartment complex has filed a personal injury claim against the property owner.

Attorney Marc S. Rosenberg, of the Bala Cynwyd, Pa. law firm Mammuth & Rosenberg, filed the civil complaint Sept. 30 at the Philadelphia Court of Common Pleas on behalf of Vicki Lea Chapman.

The defendants named in the suit are Philadelphia-based Mansion at Bala, L.P., along with Winther Investment, Inc., Winther II, Inc., and Winther Properties, Inc., all of Houston, TX.

According to the complaint, Chapman, who resides at the Mansion at Bala apartment complex, located at 4700 City Avenue, was walking from the complex’s parking garage to her apartment unit back on October 19, 2010, at about 1 in the afternoon, when, after accessing a door leading from the garage to the main building, she fell approximately eight to 10 feet into a “dark, muddy, water reservoir with a concrete floor, located below the parking garage level.”

The fall caused Chapman to sustain various physical injuries, including, but not limited to, head trauma with laceration and scalp abrasion; swelling in the left occipital region and large parietal scalp hematoma; bilateral ankle sprain and strain; bilateral heel pain; contusion of right foot and ankle; lumbar contusion; cervical strain and sprain; thoracic sprain and strain; lumbar strain and sprain; numbness in both lower extremities; bilateral foot paresthesias; headaches; depression; various cuts, abrasions and contusions; and damage to her nervous system.

Chapman has incurred various medical expenses relating to her treatment and she had been unable to attend to her daily duties and chores as a result of her physical trauma, the lawsuit claims. She has also experienced “great financial detriment and loss.”

The lawsuit faults the defendants for failing to give warning of the hazardous condition that existed at the property, failing to block or cordon off the dangerous area, failing to properly inspect the area, failing to keep the premises in a safe condition, negligently hiring personnel, failing to protect the plaintiff and others from the dangers that existed at the property, and for other negligent acts.

Chapman demands judgment against the defendants, jointly and severally, in a sum in excess of $50,000, plus interest and court costs.

A jury trial has been demanded.

The case number is 110903766.

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