Nicholas Malfitano Nov. 5, 2015, 8:38am


PHILADELPHIA – An attorney for the surviving family members of a man killed in a sidewalk fall has filed to withdraw a petition for distribution of wrongful death and survival benefits in the mid-six figures.

John A. Lord filed a motion to that effect on Monday, for plaintiffs Elizabeth Martinez and Camila Martinez, the widow and daughter of decedent Rafael Martinez. The amount, totaling exactly $470,000, was intended to cover wrongful death and survival claims, counsel fees, medical/funeral expenses and wage losses suffered by the plaintiffs.

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

On April 18, 2013, the suit states Rafael Martinez was lawfully on the premises of a residence on the 1100 block of Passmore Street in Philadelphia, when he fell due to defects in the sidewalk. When Martinez fell, he struck his head on the concrete walkway and suffered a fatal traumatic brain injury, the suit says.

The accident was witnessed by Rafael and Elizabeth’s minor daughter Camila, then eight years old, who the plaintiffs allege suffered severe psychological trauma as a result, the suit says.

The plaintiffs then filed suit in November 2013 against Ying Ping Huang of New York, Adam Rucci Jr., Lawn-Crest Realty and Marsh B. Spink, the latter three defendants all of Philadelphia, in connection with Rafael’s accident and death.

The plaintiffs are represented by Lord of Silvers Langsam & Weitzman, in Philadelphia.

The defendants are represented by Eamon Merrigan, John R. Brown, Lynda M. Powell, Laurianne Falcone and Lati W. Spence, also all in Philadelphia.

Philadelphia County Court of Common Pleas case 131102725

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

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