PHILADELPHIA – After a continuance granted last month, counsel for the City of Philadelphia have their opportunity to pursue a motion for sanctions against the plaintiff in a pending negligence litigation.
Representing the City of Philadelphia, Drew Salaman filed the motion for sanctions on June 24. The motion seeks to levy fines of $100 per day and a total payment of $250 in attorney fees upon co-defendant Eric Miller, for his alleged failure to respond to interrogatories or document requests.
In February, the Court reached a judgment for the City and against Miller in the amount of $31,349. However, Salaman asserted Miller failed to supply answers to post-judgment interrogatories and documentaries by May 22 and ignored the court’s order to submit the information by that date.
A hearing in this matter had been set for Aug. 21 in Court chambers, at Philadelphia City Hall, but Judge Nina Wright Padilla granted defense counsel Joseph Armstrong’s request for a continuance. This led the matter to be re-listed for this past Tuesday.
On Jan. 19, 2009, plaintiff Carol Isaacman was walking from the sidewalk to the street outside a residence on Haworth Street in Philadelphia, when she tripped and fell due to a defective or missing piece of the sidewalk, she alleges.
In her lawsuit filed in January 2010, the plaintiff averred the defendants’ failure to inspect, maintain or repair that condition caused the accident.
Isaacman suffered serious, severe injuries in her fall, including cervical spine strain and sprain with herniation, dysfunction disc herniation at C5-C6 vertebrae, lumbar spine strain and sprain, disc bulging at L4-L5 and L5-S1 vertebrae, right L5 vertebra radiculopathy, right shoulder sprain and strain, and other various injuries, including loss of earnings and cosmetic disfigurement, she says.
The plaintiff is seeking a sum not in excess of $50,000, plus interest, court costs and attorney’s fees.
The plaintiff is represented by Neil P. Greenberg of Roumer, Allen, Roumer, Zimmerman & Nash, in Feasterville.
The defendants are represented by Sean P. Stevens, Salaman of Salaman Henry and Joseph M. Armstrong of Offit Kurman, all in Philadelphia.
Philadelphia County Court of Common Pleas case 100101421
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org