Nicholas Malfitano Oct. 5, 2015, 11:02am


PHILADELPHIA – An insurance provider is seeking to intercede in a negligence action resulting from a contractor being injured in a ladder fall on a Philadelphia job site.

Stephanie L. Hersperger filed a motion to intervene on June 30, on behalf of Frederick Mutual Insurance Company in Maryland. The motion stated plaintiff Thomas McLoughlin of Bensalem was an employee of Masterkey Construction Company. Co-defendant Parlerect filed a joinder complaint on May 5, alleging liability on Masterkey’s part to it for contribution and indemnity.

Plaintiff counsel then filed a motion for preliminary objections saying Masterkey was immune due to the Workers’ Compensation Act. Masterkey held an active policy with Frederick Mutual, containing indemnification provisions.

The motion asked for a grant of intervention to Frederick Mutual only for participating on the issue of whether Masterkey contractually agreed to indemnify Parlerect or its subcontractors, plus any relevant discovery. The motion further requested a stay of proceedings until that instant petition was resolved.

A hearing in the matter is set for Thursday at Philadelphia City Hall, in court chambers.

On January 23, 2014, McLoughlin was a business invitee of the defendants at a work site on New Street in Philadelphia. McLoughlin claimed he fell 10 feet to the ground when he was attempting to move and place overhead materials and a heavy wooden crossbeam, because the defendants failed to provide him with proper working equipment for which to complete the task.

McLoughlin suffered back trauma, progressive bilateral leg weakness, bulging discs, plus orthopedic, neurological and psychological injuries. McLoughlin filed suit against the following defendants: Papermill JV, New Street Development and Masterkey Construction Company, all in Philadelphia; Parlerect in Lansdale; JVL Company Corporation in Delran, N.J.; and WVM Construction Company in Somers Point, N.J.

The plaintiffs are seeking a sum, jointly and severally, in excess of $50,000, plus interest, costs, attorney’s fees and delay damages. Charges of negligence carry against each defendant, along with April McLoughlin suing for loss of consortium with respect to her husband for the same amount in damages.

The plaintiffs are represented by Brian E. Fritz of Fritz & Goldenberg and Mary T. Gidaro of Saltz Mongeluzzi Barrett & Bendesky, both in Philadelphia.

The defendants are represented by William P. Barrett; Kaylie Garza and Monica E. O’Neill of Thomas & Hafer; and Noah A. Schwartz and Theodore E. Schaer of Zarwin Baum DeVito Kaplan Schaer & Toddy, all in Philadelphia.

The petitioner is represented by Stephanie L. Hersperger of Pion Nerone Girman Winslow & Smith in Harrisburg.

Philadelphia County Court of Common Pleas case 140903440

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

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