PHILADELPHIA – A construction firm that is the target of a negligence lawsuit has filed a motion for summary judgment, claiming the reception of Workman’s Compensation funds by one of the suit’s plaintiffs precludes him from making any further claims.
Steven and Susanna Fahey, of Audubon, filed suit against Intech Construction of Philadelphia, Ace Disposal and Ace Portables of Malvern and Pietrini Contractors of King of Prussia in February 2014, for an alleged on-the-job accident occurring on Jan. 26, 2012.
On that day, Steven, a union cement mason by trade, was working at the Hotel Monaco construction site on 5th and Chestnut streets in Philadelphia’s Old City section. Fahey was an employee of Pietrini Contractors and a member of Cement Mason’s Union Local #592.
During the day, Fahey took a break from his duties and went to use a portable restroom provided for use by the workers on site. When Fahey exited the portable restroom, which he claimed was “dangerously” placed on an uneven curb in a poorly lit area, he fell.
In the process, Fahey claims to have suffered a compound fracture of his left ankle and torn ligaments and tendons in his right ankle, which he says have left him with constant pain, limited range and mobility.
According to the lawsuit, Fahey is unable to walk, stand or drive without pain, and now has a greatly-reduced ability to lift and carry objects or climb ladders, all tasks that were central to his duties as a cement mason.
Fahey claims these injuries have left him unable to return to his masonry work, and the defendants were negligent in failing to provide a safe work environment.
Steven Fahey is seeking judgment jointly and severally from all defendants in excess of $50,000, plus compensatory damages, delay damages, plus interest and court costs.
Susanna Fahey is seeking an identical amount jointly and severally, for loss of consortium.
In April, the defendants filed a motion for summary judgment, claiming Fahey received Workman’s Compensation payments in December for a “right ankle sprain” – a development that they say precludes him from claiming more serious injuries took place in the alleged fall.
A hearing set to feature oral arguments on this matter was scheduled for May 20 at Philadelphia City Hall, in the court chambers located there.
The plaintiffs are represented by Robert J. Mongeluzzi, Andrew R. Duffy, Sandra Lee Rosenberg and Michael A. Budner, of Saltz, Mongeluzzi, Barrett and Bendesky, in Philadelphia.
The defendants are represented by William F. Sweeney and Lisa Bellino Apelian, plus Susan R. Engle of Mintzer, Sarowitz, Zeris, Ledva & Meyers, all based in Philadelphia.
Philadelphia County Court of Common Pleas case 131200146
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com
Employee's reception of Workman's Comp benefits at issue in negligence suit
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