Nicholas Malfitano Jul. 27, 2015, 2:23pm


PHILADELPHIA – An attorney for the City Of Philadelphia has withdrawn his preliminary objections arguing a negligence lawsuit filed against the City fails to specify injuries or damages sustained by the plaintiff.

Robert K. O’Grady’s original June 4 motion to the Philadelphia County Court of Common Pleas explained the complaint initiated by Philadelphia residents Iris and Raymond Rubin “lacked specificity” with respect to the injuries and damages occurring to Iris Rubin, and the exact location of her fall.

However, in a hearing held Tuesday, O'Grady petitioned the Court to withdraw those objections. His request was granted by Judge Arnold L. New.

The lawsuit filed by the Rubins in April alleges the City is negligent in causing an injurious fall which took place last November, through its failure to maintain and inspect a city sidewalk in Philadelphia’s Old City district, or comply with building codes.

On Nov. 3, 2014, Iris Rubin fell on a large hump in the street, on the property located on 2nd Street between Spruce and Locust Streets. Rubin sustained serious and permanent personal injuries, impairment of bodily function and other injuries.

The plaintiff is seeking judgment in excess of $50,000, plus costs and all other relief. Raymond Rubin also sues for loss of consortium on behalf of his wife, for the same exact amount of damages.

The plaintiffs are represented by Marc I. Simon, of Simon & Simon, in Philadelphia.

The defendant is represented by O’Grady of the City Solicitor’s Office, in Philadelphia.

Philadelphia County Court of Common Pleas case 150304154

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

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