Nicholas Malfitano Jul. 10, 2015, 9:39am


PHILADELPHIA – A personal injury lawsuit from a Philadelphia man who claims he was severely injured after falling on a patch of ice that had accumulated near a mailbox at a city post office was settled in December, according to court records.

An order certifying the settlement was handed down from U.S. Magistrate Judge Elizabeth T. Hey on Dec. 4 that called for Glen Guy to receive the sum of $28,000, with no added or any admission of fault or liability on the side of either party involved in the closed litigation.

Guy had filed a personal injury claim on March 28, 2014, at the U.S. District Court for the Eastern District of Pennsylvania against the United States Postal Service and the United States of America, over allegations that he was left unconscious for about a minute and required medical care after he fell on a patch of ice on the steps leading to a mailbox outside of the postal facility at 2601 N. 16th St. in Philadelphia, back in early February 2013.

The plaintiff’s alleged injuries occurred while he was walking down the steps to the mailboxes, which the suit said were not properly maintained by the Postal Service.

After he fell backward, Guy was rendered unconscious for almost a minute, the complaint stated. He had to be taken by ambulance to Temple University Hospital where he was diagnosed as having a right-sided pneumothorax fracture and rib fractures. After he was transported to the hospital, the suit said, Guy had to have a chest tube inserted into his right side.

The Postal Service was accused of breaching its duty of care by failing to keep the area around the outside mailboxes clear from ice and other hazardous conditions.

“As a further direct and proximate result of defendant Postal Service’s breach of its duty of care as described herein, plaintiff Guy suffered extreme physical and mental pain and discomfort, and was forced to incur medical expenses in being treated for his injuries,” the complaint originally read.

The Postal Service was removed from the litigation on April 16, 2014.

The plaintiff originally sought $150,000 in compensatory damages in this matter.

The plaintiff was represented by Adrian J. Moody, Esq. of Moody & Shields Group, LLC in Philadelphia.

The defendant was represented by Michael S. Macko, Esq. Assistant U.S. Attorney for the Eastern District of Pennsylvania.

U.S. District Court for the Eastern District of Pennsylvania case 2:14-cv-01867

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

More News