Nicholas Malfitano Sep. 4, 2015, 8:46am


PHILADELPHIA – The City of Philadelphia is pursuing sanctions against a negligence suit co-defendant it claims hasn’t cooperated with court orders.

On June 5, Drew Salaman filed a motion for sanctions on behalf of the City, against co-defendant and Philadelphia resident Robert Holton. The seeking of sanctions against Holton is in connection with his alleged refusal to respond to interrogatory and document requests made to him by the City.

Additionally, a judgment had been entered in favor of the City and against Holton on Sept. 11, in the amount of $15,300. According to court records, Holton was served with the aforementioned requests from the City on Feb. 3, with a 30-day deadline in which to respond. When no response was made by April 13, Holton was again ordered to respond to the City’s Interrogatory and Document Requests.

The City has proposed Holton be subject to a fine of $100 for each day his non-compliance continues, along with an extra sanction of $250 for the City’s counsel fees.

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

Philadelphia resident Arthur Stewart filed suit against Holton in April 2013, in connection with a fall he had taken on Holton’s property the previous summer.

On June 21, 2012, Stewart was walking on the 2800 block of Cantrell Street in Philadelphia, when he fell due to the sidewalk in front of Holton’s property containing “a dangerous condition." In his suit, Stewart alleged collective negligence against Holton, the City and Philadelphia Gas Works in not inspecting, maintaining, repairing the condition or warning passerby of that condition.

Stewart suffered post-traumatic sprain and strain of his entire spine, disc herniations at L1-L3, L4-L5 and L5-S1 vertebrae, myalgia and myofascitis, left ankle sprain and strain, plus severe shock and damage to his nervous system.

The plaintiff is seeking a sum not in excess of $50,000 in this case.

The plaintiff is represented by Jordan D. Nagle of Silverman & Mailman, in Lafayette Hill. 

The defendants are represented by Sharon E. Ulak, Bernadette Betzler and Drew Salaman of Salaman Henry, all in Philadelphia.

Philadelphia County Court of Common Pleas case 130402929

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

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