Trip over broken sidewalk leads to premises liability claim

By Jon Campisi | Jul 16, 2011

A Philadelphia man who tripped and fell over a piece of uneven and broken sidewalk is suing the property’s owner and the business tenant who is supposed to care for the walkway.

Philadelphia attorney Scott R. Gallant, of the firm Gallant & Parlow, P.C., filed the premises liability lawsuit July 14 at the Philadelphia Court of Common Pleas on behalf of Major Fife.

Named as defendants are the New Way Food Market, located at 5401 Baltimore Avenue, and Media, Pa. residents Byung Moo Pak and Jeong Im Pak, owners of the property in question.

According to the lawsuit, Fife was walking along the sidewalk in front of the store on Oct. 10, 2010 when he suddenly tripped and fell.

As a result of the incident, Fife suffered various “serious and permanent personal injuries, which effects have in the past and probably will in the future cause Plaintiff great pain and suffering, and which have in the past and probably will in the future cause Plaintiff to be hindered and prevented from performing or attending to his usual activities and daily duties,” the lawsuit states.

The specific physical injuries allegedly suffered by the plaintiff are not spelled out in the complaint.

The lawsuit says Fife has had to expend large sums of money for medicines and medical attention, and he has been unable to engage in his pursuits, social and familial duties because of the accident.

The lawsuit accuses the defendants of carelessness, negligence and recklessness for permitting a dangerous condition to exist on a sidewalk traversed by members of the public.

Fife demands judgment against the defendants, individually and/or jointly and severally in an amount not in excess of $50,000, together with interests, delay damages and other related costs.

The non-jury matter is scheduled for a March 16, 2012 arbitration hearing.

The case number is 110701260.

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