PHILADELPHIA – A beer distribution business named in a slip-and-fall action may be liable for damages if they fail to appear at a related hearing in February.
On June 8, 2009, defendants Tran Tri, West Passyunk Avenue Beer Distributors and the City of Philadelphia allegedly permitted a dangerous condition to exist on the sidewalk at 1616-1620 West Passyunk Avenue.
Plaintiff Dennis Concilio tripped and fell at this location on the aforementioned date, allegedly due to this dangerous condition and the defendants’ collective negligence in not inspecting, maintaining or repairing said condition.
Concilio suffered severe injuries to his right shoulder and right elbow in the fall.
On Aug. 2, the City of Philadelphia filed a Writ of Execution naming Trans Beer Distributor as a garnishee in this action, and served them with interrogatory questions on Aug. 13. Not receiving a response, the City sent notice to Trans Beer on Sept. 29 to enter a default judgment against the company, which was later entered on Nov. 12, with leave to assess damages.
Therefore, defense counsel Drew Salaman filed a motion explaining the City of Philadelphia is entitled to an assessment of damages hearing to award sums from Trans Beer Distributor to the City. According to Salaman, this sum would include damages, interest, costs and attorney’s fees.
Salaman stipulated if Trans Beer Distributor did not appear at the assessment of damages hearing, they would be liable to have $18,300, plus interest, costs and attorney’s fees assessed against them.
On Tuesday, Philadelphia County Court of Common Pleas Judge Linda Carpenter ordered the assessment of damages hearing to take place on Feb. 10 at Philadelphia City Hall.
The plaintiff is seeking, jointly and severally, damages not in excess of $50,000 from the defendants in this case.
The plaintiff is represented by Steven A. Liss in Philadelphia.
The defendants are represented by Drew Salaman of Salaman Henry and Crystal J. Scott of the City of Philadelphia’s Law Department, also in Philadelphia.
Philadelphia County Court of Common Pleas case 101002488
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com