Nicholas Malfitano Aug. 19, 2015, 12:22pm


PHILADELPHIA – Plaintiff counsel in a pending trip-and-fall action has filed a motion for sanctions against the defendant in that same litigation, for alleged failure to comply with a court order.

Drew Salaman filed the sanctions motion on June 3 over Philadelphia-based defendant Sheena Darby’s alleged failure to cooperate with a court order to obey with interrogatory and document requests. Judgment had previously been found for plaintiff Kendra McGriff of Philadelphia on April 30, 2013, in the amount of $10,000. 

On March 24, 2014, the Philadelphia County Court of Common Pleas ordered Darby to comply with plaintiff counsel’s interrogatory and document requests within 30 days – which plaintiff counsel contend has not occurred.

Salaman requested a fine of $100 be imposed on Darby for each day she remains in non-compliance of the court order, along with levying counsel fees of $250.

McGriff’s lawsuit, filed in November 2010, levied charges of negligence against Darby and Green Homes Real Estate of Newtown, in connection with a fall that had taken place six years ago.

On Aug. 21, 2009, McGriff was delivering mail to Darby’s residence in Philadelphia, when she allegedly fell due to a crack, hole or depression in a step located outside the front door. McGriff asserted the defendants’ collective negligence in not inspecting, maintaining or repairing the condition of the steps.

McGriff allegedly suffered bilateral cervical radiculopathy, right knee contusion, right knee chondromalacia, left ankle sprain or nervous system shock.

A hearing in this matter was scheduled for Thursday in Court chambers at Philadelphia City Hall.

The plaintiff is seeking an amount in excess of $50,000, plus interest and court costs.

The plaintiff is represented by Phyllis D. Haskin of Larry Pitt & Associates and Salaman of Salaman Henry, both in Philadelphia. 

The defendants are represented by Gerard X. Smith of Naulty, Scaricamazza & McDevitt, in Philadelphia.

Philadelphia County Court of Common Pleas case 101103859

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

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