Nicholas Malfitano Oct. 6, 2015, 9:54am


PHILADELPHIA – Depending on the outcome of a prior motion by plaintiff's counsel, the City Of Philadelphia and School District of Philadelphia may face sanctions from the Philadelphia County Court of Common Pleas in a slip-and-fall case.

Steven Schatz and Dana Klayman Weitz filed motions for sanctions against the city and school district on July 15, in reference to the defendants’ alleged failure to cooperate with a June 3 court order compelling their cooperation with their discovery requests.

When the defendants failed to respond by June 23, Schatz and Weitz sent their counsel correspondence regarding this lack of cooperation, but did not hear anything further.

In their motions for sanctions, Schatz and Weitz are seeking $500 in counsel fees from each defendant, to preclude them from presenting a defense to liability and to preclude them from introducing evidence at trial in this matter. The court granted these motions on July 30.

Defense counsel Ryan Mulderrig filed a motion for reconsideration on Aug. 11, but it was vacated by Judge John M. Younge on Aug. 25.

A follow-up hearing on the motions for sanctions is set for Wednesday at Philadelphia City Hall, in court chambers.

On July 23, 2013, the plaintiff was walking on a sidewalk adjoining the Thomas Holme Recreation Facility property on Academy Road, but fell due to an alleged defect in the sidewalk. It is claimed the defendants’ collective negligence in failing to inspect, maintain and repair the sidewalk caused the fall to occur.

Ball suffered both internal and external injuries to her bones, joints, nerves and nervous system, including: full thickness tear of the right suprastinous tendon, multiple partial right shoulder tears, non-displaced fracture of the base of the left fifth metatarsal, disc herniations at C4-C7 vertebrae, right C6 vertebral radiculopathy, unknown internal injuries and exacerbation of previous conditions.

The plaintiff is seeking judgment in excess of $50,000, plus interest and costs from both defendants in this case.

The plaintiff is represented by Steven Schatz and Dana Klayman of Master Weinstein Schatz & Moyer in Philadelphia.

The defendants are represented by Ryan Mulderrig and Pauline J. Manos, both in Philadelphia.

Philadelphia County Court of Common Pleas case 150203345

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

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