PHILADELPHIA – Unless a plaintiff files a late motion response, her pending negligence claims against the City of Philadelphia and T.G.I. Friday’s will likely be dismissed this week, according to court records.
Per a June 24 order from Judge Linda Carpenter of the Philadelphia County Court of Common Pleas, Mildred Parker of Belvedere, Ga. (formerly of Upper Darby) had 10 days in which to file a response to the City and T.G.I. Friday’s collective motion for summary judgment in her negligence case, or the claims against those defendants would be dismissed with prejudice.
Court records show Parker had not filed a response within the time limit, and a hearing on the matter had been set for Monday.
Parker initiated legal action against Southeastern Pennsylvania Transportation Authority (SEPTA), the City of Philadelphia and T.G.I. Friday’s in January 2014, in connection with a fall she sustained more than three years at a SEPTA bus stop in West Philadelphia.
On April 5, 2012, Parker was at the SEPTA bus stop at 4000 City Avenue, when she fell to the ground as a result of a broken sidewalk curb. Parker’s suit alleges SEPTA, the City and T.G.I. Friday’s were collectively negligent in failing to inspect, maintain or repair the sidewalk in a timely manner, or warn pedestrians of the broken curb.
Parker suffered a wrist strain and sprain, hand injury, forearm injury and other injuries, in addition to physical pain, mental anguish and humiliation in the fall.
The plaintiff is seeking judgment, jointly and severally, not in excess of arbitration limits plus interest and court costs; in addition to recovering the cost of medical bills, which according to the plaintiff’s physician, are in excess of $1,500.00.
After several previous attorneys withdrew their appearances, the plaintiff currently has no legal representation, according to court records.
The defendants are represented by Meryl S. Naythons of SEPTA’s Legal Department, Sharon E. Ulak and Simi Mayall of Baginski, Mezzanotte, Hasson & Rubinate, all in Philadelphia.
Philadelphia County Court of Common Pleas case 140102680
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com