Apartment management companies attempting to transfer double slip-and-fall case

By Nicholas Malfitano | Jun 18, 2015

Philadelphia City Hall  

PHILADELPHIA – Preliminary objections raised by the defense relating to improper venue in a double slip-and-fall negligence action were heard Wednesday in the Philadelphia Court of Common Pleas.

On March 20, counsel for defendants Norris Hill Apartments and GP Realty of Wayne and Berger Rental Communities of Norristown, filed preliminary objections seeking a transfer of the legal proceedings from the Philadelphia County to Montgomery County, due to all defendants being based in that area and the accidents in question occurring there.

Norristown resident Thomas Duaime filed suit in February collectively against the defendants, in connection with a pair of falls he allegedly suffered at the Norris Hill Apartments complex over a roughly 15-month period.

The first one took place on Feb. 27, 2013 at approximately 9:30 p.m., when Duaime was walking down a flight of steps at the complex and fell due to a dislodged and disabled handrail, he says.

In that fall, Duaime allegedly sustained a torn anterior cruciate ligament (ACL) in his right knee, exacerbation of previous injuries and internal injuries. For this accident, Duaime levied charges of negligence against all defendants in his lawsuit, in not noticing the handrail was broken through inspection or repairing that dangerous condition.

Secondly, according to the lawsuit, Duaime claimed the water heater from the apartment above his leaked water on May 16, 2014. When building management arranged to have the faulty heater removed from that apartment, Duaime alleged excess water from the appliance spilled in front of his apartment.

As a result, Duaime claimed the floor in his apartment buckled due to water damage four days later on May 20, 2014, when he fell again. In the second fall, Duaime alleges he aggravated the injuries sustained in the original fall on the complex’s stairwell.

For this second accident, Duaime’s lawsuit added charges of negligence against the defendants for not properly attending to and disposing of the faulty water heater from the apartment of the tenant residing above him at the time.

The plaintiff is seeking judgment jointly and severally in excess of $50,000, court costs, plus pre- and post-judgment interest.

The plaintiff is represented by Adam D. Wilf of Lundy Law, in Philadelphia.

The defendants are represented by Daniel D. Krebbs and Sang Woo Lee of Marshall Dennehey Warner Coleman & Goggin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150202243

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

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