City and apartment operator face premises liability lawsuit

By Jon Campisi | Jun 3, 2011

A Philadelphia woman has filed a slip-and-fall lawsuit against the City of Philadelphia and an apartment complex operator for injuries she sustained after falling to the ground outside of the building.

Philadelphia attorney James M. Turner, Jr., of the law firm Furia & Turner, filed the premises liability complaint June 2 at the Philadelphia Court of Common Pleas on behalf of Nicole Weissman.

According to the civil suit, Weissman was walking along the 9100 block of Dewees Street in early July 2009 at about 8:30 p.m. when she tripped and fell to the ground because of a “hole/depression” in the sidewalk.

In addition to the city, which has partial responsibility over the sidewalk, the lawsuit also names as defendants Atrium Associates, The Atrium Apartment GP, LLC, The Kansom Corp. and the Dewees Building Corp.

The lawsuit accuses the defendants of negligence and carelessness in not ensuring that the sidewalk was safe for public travel.

As a result of the incident, Weissman sustained “severe and permanent injuries to her body, by reason of which she was rendered sick, sore, lame and disordered,” the lawsuit states.

Weissman, the suit states, suffered injuries to the bones, muscles, tendons, ligaments, nerves and tissues of her lower back, lower left side, right side and neck. She also sustained bulging discs and injuries to her nervous system.

“Plaintiff’s injuries cause constant pain, discomfort, and limitation of motion, all of which injuries are or may be of a permanent nature,” the complaint alleges.

The lawsuit states that Weissman has had to expend large sums of money on medical treatment, and she has suffered, and may continue to suffer a loss of earnings and earning capacity.

For each of the five counts in the lawsuit, Weissman demands judgment against the defendants in a sum in excess of $50,000. She is also seeking court costs and other damages as allowed by law.

The plaintiff has demanded a jury trial.

The case number is 110503808.

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