Nicholas Malfitano Feb. 1, 2016, 3:48pm


PHILADELPHIA – For financial reasons, defense counsel is seeking to exit a lawsuit in which an HVAC worker alleges he suffered traumatic full-body injuries.

On Dec. 28, Andrew J. Spaulding and Jeremy Abidiwan-Lupo of Fowler Hirtzel McNulty & Spaulding filed to withdraw from the case brought by Philadelphia residents Suhrob Ahatov and Dilnuza Kabildjanova against Kieran Cole Construction, Inc. of Moorestown, N.J., J. Tull Mechanical, Concept Development Group and Michael Dubinsky of Philadelphia, AAA Brothers of Huntingdon Valley and Metro Impact, Inc. of Southampton.

Knightbrook Insurance, who hired Spaulding and Abidiwan-Lupo, decided they would not defend or indemnify J.Tull Mechanical and instructed the two attorneys to withdraw since Ahatov’s accident was deemed “not a covered loss.”

A hearing in this matter took place on Thursday in Court chambers, at Philadelphia City Hall.

On Feb.12, 2013, Ahatov was working as an HVAC technician for J.Tull Mechanical and moving related materials on the first floor of a building when he fell through an unguarded hole to the basement, sustaining catastrophic injuries, the lawsuit says.

Ahatov allegedly suffered a traumatic brain injury, open fracture of the left shoulder clavicle, six broken ribs on his left side, a left side facial fracture, subdural and subarachnoid hematomas and a blowout fracture of the left orbital bone – incurring more than $200,000 worth of medical bills in the process.

Ahatov sued the defendants for premises liability, failure to carry worker’s compensation insurance, failure to provide a safe workplace and follow all city, state and federal regulations thereto. Kabildjanova also sues for loss of consortium in this matter.

The plaintiffs are seeking damages in excess of $50,000, plus interest, costs and other relief in this case.

The plaintiffs are represented by Michael T. Rooney in Philadelphia.

The defendants are represented by Kevin L. Connors of Connors Law in Exton; Jonathan M. Field of Mintzer Sarowitz Zeris Ledva & Meyers, Kevin E. Monastra and James F. Lynn of Bonner Kiernan Trebach & Crociata and Joel E. Oshtry of Oshtry & Oshtry, all in Philadelphia; and Jonathan D. Pavlovcak and Francis J. Sullivan of Hill Wallack in Yardley.

Philadelphia County Court of Common Pleas case 140900267

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

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