A Philadelphia man who tripped over his own newspaper is suing the distribution company and delivery service that placed the item on his doorstep.
Attorney James P. McNally, of the Cheltenham, Pa. firm Stampone Law, P.C., filed the premises liability lawsuit June 15 at the Philadelphia Court of Common Pleas on behalf of Alfonso Domenico and his wife, Patricia.
The defendants named in the suit are Folcroft, Pa.-based Circular Delivery Inc. and Pennsauken, N.J.-based Donnelly Distribution Services.
According to the complaint, Alfonso Domenico was walking up the front steps of his house in mid October 2009, when he slipped and fell to the ground after stepping onto a newspaper that had been tossed on his property. The paper was not visible due to it being lodged between the pathway and upper step where it meets the landscaping.
As a result of the accident, Domenico suffered a compression fracture of his vertebra, cervical and lumbar strain and sprain, contusions, lacerations, and abrasions, as well as post-traumatic anxiety and depression, damage to the nervous system and other injuries, the lawsuit alleges.
Domenico has incurred various medical expenses due to his injuries, and has also experienced a loss of earnings and earning capacity, the suit states. His life’s pleasures have also been affected.
The complaint accuses the defendants of negligence and carelessness in creating a dangerous condition by tossing the newspaper into an area where it could not be seen, thereby creating a tripping hazard.
Domenico demands judgment against the defendants jointly and severally in an amount not in excess of $50,000.
The lawsuit also contains a loss of consortium count in which the plaintiff’s wife also demands a judgment not in excess of $50,000.
The non-jury matter is scheduled for an arbitration hearing on Feb. 16, 2012.
The case number is 110601143.