Nicholas Malfitano Aug. 27, 2015, 9:38am


PHILADELPHIA – Plaintiffs in a slip-and-fall negligence action have requested thousands of dollars in post-judgment interest be added to their six-figure jury verdict.

Through their counsel, Claudia and Ellwood Erb of Philadelphia motioned to the Philadelphia County Court of Common Pleas on July 7 for damages in their negligence case to be re-assessed, in order to include post-judgment interest against defendants Matthew F. Ainslie and the City of Philadelphia.

A jury initially reached a verdict in the matter on April 5, 2013, determining a judgment of $117,500 against Ainslie and $100,000 against the City. Three months later, that judgment was amended to include delay damages, for totals of $121,166.24 against Ainslie and $103,119.52 against the City of Philadelphia.

Both defendants appealed the verdicts separately, with the appeals later being consolidated by the Court and their requests for post-trial motions were denied.

According to court records, neither defendant has paid the judgment funds to the Erbs. Therefore, the Erbs petitioned each defendant’s amount have post-judgment interest tacked on at the current annual statutory rate of 6 percent. 

In the case of Ainslie, this led to an amount of $7,269.97 – and when divided by 365, arrived at a figure of $19.92. That $19.92, when multiplied by 822 days of non-payment as of July 6, came to an amount of $16,374.24. Added to the original judgment sum for Ainslie, a total figure of $137,540.48 was determined.

When that identical formula was applied to the judgment levied against the City, it came to a figure of $16.95. That $16.95, when multiplied by 822 days of non-payment as of July 6, came to an amount of $13,922.90. Added to the City’s original judgment sum, a total figure of $117,052.42 was determined.

Additionally, the Erbs requested those daily interest figures of $19.92 for Ainslie and $16.95 for the city continue to tally for each day the defendants do not pay their respective judgment sums in full.

A hearing in this matter was set for Wednesday at Philadelphia City Hall, in Court chambers.

The Erbs lawsuit, filed in July 2011 and amended that November, is in connection with a fall Claudia Erb sustained the prior year.

On March 3, 2010, Erb fell due to an uneven or cracked sidewalk on East Palmer Street in Philadelphia. Erb suffered a left shoulder dislocation with a large Hill-Sachs lesion, requiring closed reduction surgery; surgery to place a hemicap due to dislocations; permanent scarring, anxiety and other psychological/emotional disorders.

The Erbs maintain it was the negligence of the defendants, in not properly inspecting, maintaining, or repairing their property, or warning visitors to the property of the alleged dangerous conditions.

The plaintiffs are seeking judgment jointly and severally in excess of $50,000, plus court costs. Ellwood Erb also sues for loss of consortium in this action.

The plaintiffs are represented by Brian S. Chacker of Gay, Chacker & Mittin in Philadelphia. 

The defendants are represented by Christina M. Spalding-Daniels, Elizabeth K. Ainslie, Alan C. Ostrow and Kenneth S. Butensky, all in Philadelphia.

Philadelphia County Court of Common Pleas case 110700519

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

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