Fractured ankle leads to premises liability complaint

Jon Campisi Oct. 28, 2011, 11:40am

A Philadelphia woman who claims to have sustained a fractured ankle following a slip-and-fall incident on supposedly unprotected marble stairs at a Center City, Philadelphia property has filed a complaint against the property owner in civil court.

Attorney Frank Pollock, of the Philadelphia law firm Brownstein Vitale & Weiss, P.C., filed the premises liability claim Oct. 25 at the Philadelphia Court of Common Pleas on behalf of Leslie Palka.

The defendants named in the lawsuit are Mellon Independence Center, Independence Center Realty, New England Mutual Life Insurance Co., The Arthur Jackson Co., U.S. Management Realty, U.S. Managers Realty and Allied Barton Security Services.

According to the complaint, Palka was walking along the defendants’ property, at 701 Market St. back on Nov. 3, 2009, when she suddenly tripped and fell after coming into contact with “unprotected” marble steps and a marble landing at the property that were “uneven and blended together optically causing the Plaintiff to be unaware there were different levels in the walking surface.”

As a result of the incident, Palka sustained injuries to her head, neck, back, arms, legs and entire body, including a right ankle fracture with slight displacement angulation deformity and bilateral deep venous thrombosis, the suit states.

Palka also allegedly suffered injuries to her nervous system, mental anguish and aggravation and/or exacerbation of pre-existing injuries.

The lawsuit claims that Palka has had to spend various sums of money on medical attention, and that the incident has prevented her from attending to her usual activities, duties and occupations.

The lawsuit accuses the defendants of carelessness, recklessness and negligence for failing to properly inspect the premises, failing to correct the dangerous and hazardous condition that existed on the property, failing to warn pedestrians and business invitees of the dangerous condition, failing to erect and maintain proper barricades or other safeguards to protect pedestrians such as the plaintiff, and otherwise failing to exercise due and proper care under the circumstances.

Palka demands judgment against the defendants in an amount not in excess of $50,000.

An arbitration hearing is scheduled for June 28, 2012.

The case number is 111003233.

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