Jim Boyle Sep. 3, 2014, 7:29am


A Philadelphia security guard says the owners of a former paint factory did not properly maintain the site, causing him to sustain severe injuries while patrolling the property in 2012, according to a personal injury suit filed at the Philadelphia Court of Common Pleas.

Curtis Tomlin seeks damages in excess of $50,000 from paint manufacturer Sherwin-Williams, which acquired the 200,000 square-foot warehouse when it merged with co-defendant MAB Paints in 2007. The company sold the three-acre parcel in 2013.

According to the complaint, Tomlin was making his rounds at the former paint factory on Oct. 5, 2012. As part of his duties, Tomlin was required to interact with an electronic guard patrol system. In other words, he had to place an electronic probe into checkpoints placed throughout the building, registering the time, date and location of the check-in.

The suit says that since the building had been abandoned, the site had been allowed by Sherwin-Williams to deteriorate, specifically in areas around the required electronic check-ins. While making his way to one of the stations, on a stairway between the roof and the upper floor, Tomlin slipped and fell to the ground.

The fall caused injuries to Tomlin's body and internal organs, the complaint says, and created a shock to his system. He has experienced great mental anguish and physical pain, the suit says, and he has been unable to attend to the regular duties of his job while facing mounting expenses for his medical care.

According to the suit, Sherwin-Williams and MAB Paints showed negligence on their part by failing to keep the building up-to-date and inspected regularly. Neither company displayed diligent regard toward the safety to its employee by not warning him of potential dangers and not monitoring the property for possible water leaks.

Tomlin's wife, Rosalie Tomlin, has also sued for loss of consortium, seeking an excess of $50,000 for the loss of companionship with her husband.

The plaintiffs are represented by Jay Lawrence Fulmer.

The case ID number is 140703838.

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