Jon Campisi Oct. 16, 2013, 4:01pm


A public storage business is facing a personal injury claim by a New Jersey

man who says he had to have surgery to repair a ruptured tendon he suffered after he fell at the Philadelphia facility.

Michael Dellavecchia filed suit Oct. 11 at the U.S. District Court for the Eastern District of Pennsylvania against California-based Public Storage Inc.

The man claims he was injured on Jan. 12 of this year after the cart he was pushing struck an uneven section of the floor, an act that caused Dellavecchia’s belongings to slide to the side of the cart, and in turn caused the plaintiff to sustain physical injuries after he attempted to grab the falling items.

As a result of the incident, Dellavecchia sustained a left elbow acute distal biceps tendon tear that required surgery, as well as a severe shock to his nervous system, the complaint states.

The plaintiff says he had to spend various sums of money on medical attention to treat and repair his physical injuries.

He also claims to have suffered earnings losses due to his inability to work during the time he was attending to his medical issues.

Dellavecchia, the suit claims, has also suffered “great and unremitting physical pain, suffering and mental anguish,” as a result of the incident at the storage facility, which is located in Philadelphia’s Port Richmond section.

The West Coast-based defendant, which operates the Philadelphia storage facility, is accused of negligence for allowing the premises to be kept in a dangerous condition for a prolonged period of time, failing to timely fix or alter the uneven section of flooring at the facility, creating and allowing a dangerous condition to exist by failing to provide proper safety instructions to business invitees, failing to warn individuals traveling on the grounds of the facility of the hazardous condition, and otherwise failing to provide a safe place for business invitees such as Dellavecchia.

The plaintiff seeks more than $150,000 in damages.

He is being represented by Newtown, Pa. attorneys Brandon A. Swartz and Bryan M. Ferris of Swartz Culleton P.C.

 

The federal case number is 2:13-cv-05972-SD.

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