Nicholas Malfitano Jul. 5, 2016, 2:30pm


PHILADELPHIA – A Philadelphia judge has rejected a petition to open a judgment levied against a Camden, N.J.-based builder that claimed an insurance carrier’s analysis delayed its response to service of a personal injury lawsuit.

On April 8, now-former defense counsel Lisa A. Green of Haddix & Associates filed a petition to open a March 10 judgment handed down against Artis T. Ore, Inc. The company had originally been served with William Burkert’s lawsuit on Nov. 24, but had not entered a response to it as of that date.

However, Green argued her client had a meritorious defense for the delay, this being a “complex analysis for coverage” undertaken by New Hampshire Insurance Company, the insurance carrier for fellow defendant Temple University. The analysis in question was completed on April 8, at which point counsel was advised to enter appearance.

But on June 28, Philadelphia County Court of Common Pleas Judge Shelley Robins-New denied the petition, subsequent to oral argument at a recent hearing and due consideration.

On Dec. 19, 2013, Burkert, a journeyman sheet metal mechanic working for Aerdux in the installation of such metal and duct work, was moving said duct work on the 5th/6th floor of Temple University’s Science, Education & Research Center, when he slipped and fell on accumulated ice and snow.

Burkert suffered complete spinal injuries, a herniated disc at his L5-S1 vertebrae and a number of other injuries throughout his entire body in the accident. Burkert argues the defendants collectively failed to provide a safe work environment, which he says would have prevented his accident.

The plaintiffs are each seeking damages from all defendants in excess of $50,000, plus costs, interest and other relief for negligence in this case. This includes a claim from spouse Susan Burkert for loss of consortium.

The plaintiffs are represented by George J. Badey III and Michael H. DiGenova of Badey Sloan & DiGenova, in Philadelphia.

The defendants are represented by John M. Pecci II and Erica C. Johnson of Marks, O’Neill, O’Brien, Doherty & Kelly, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150202961

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

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