Pennsylvania Record

Tuesday, September 17, 2019

Widow of man who died after slip-and-fall incident files wrongful death claim

By Jon Campisi | Nov 29, 2014

The widow of a man whose November 2009 death she attributes to a fall her husband suffered on municipal property is suing the City of Philadelphia, Philadelphia Gas Works and a host of other companies in state court.

Attorney Jared S. Zafran, of Edelstein Law, LLP, filed the wrongful death lawsuit Sept. 28 at the Philadelphia Court of Common Pleas on behalf of Glenside, Pa. resident Doris Spike, executrix of the estate of Sidney Spike, who sustained serious injuries after falling into cement outside of a property at 33-37 S. 16th St. in Philadelphia back on Sept. 29, 2009.

The lawsuit claims that Sidney Spike fell because of improperly cemented sidewalk combined with an elevated metal gate.

Immediately following the accident, Spike was diagnosed with a four-part intertrochanteric hip fracture and, after surgery to repair the hip, he developed sepsis and ultimately died as a result of the illness.

The plaintiff blames the defendants for the untimely death, claiming that their negligence was the reason Sidney Spike had to go to the hospital in the first place.

In addition to the city and PGW, the codefendants in the case include PECO, Trigen Philadelphia Energy Corp., AT&T Mobility, PPI Photographics Inc., American Male Salon and Cortinas Investment Group Inc.

“Defendants knew and/or should have known of the said dangerous conditions, and thereof defective conditions, and the likelihood that same would cause injuries to invitees, guests, independent contractors, licensees and/or members of the public lawfully on the aforesaid premises in the absence of adequate safety measures,” the lawsuit states.

“The circumstances under which Plaintiff’s decedent, Sidney Spike, was injured was such that his said injuries could not have occurred on said premises except by defendants’ negligence.”

The lawsuit accuses the defendants of negligence for failing to inspect, correct or repair the hazardous condition that existed on the premises, failing to warn invitees of the dangerous and hazardous condition, failing to provide barricades in the area of the defective condition, failing to provide safe conditions for invitees, and failing to provide and maintain proper supervision of said premises.

In addition to the negligence and wrongful death counts, the lawsuit also contains a loss of consortium count, in which Doris Spike claims her husband’s death has left her without his society, comfort, companionship and support.

The lawsuit also contains a survival action claim.

For each of the counts listed in the lawsuit, the plaintiff demands judgment against the defendants in a sum in excess of $50,000, plus interest and related court costs.

A jury trial has been demanded.

The case number is 110903269.

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