PHILADELPHIA – One of the defendants in a personal injury negligence action wants an arbitration judgment against him thrown out, claiming he never received proper notice.
Philadelphia resident Trumel Roundtree filed a motion on May 27 to strike an arbitration judgment in favor of the City of Philadelphia, a co-defendant, against him in the amount of $42,500, reached last October.
According to court records, a settlement had been reached between Philadelphia plaintiff Tania Stephens and the City in that same amount in August of last year, and the City subsequently filed a cross-claim seeking an equal judgment from Roundtree to recover that sum.
However, Roundtree claims he only received a letter the case had been settled in August, and was never noticed of the later $42,500 arbitration judgment in October. Roundtree’s motion is asking for a complete dismissal of the judgment.
A hearing on this matter was scheduled for Court chambers in Philadelphia City Hall on Wednesday.
Stephens’ lawsuit, filed in July 2013, is in connection with a slip-and-fall incident which occurred on July 24, 2011. Stephens fell on a broken and unlevel portion of the sidewalk located on the 1900 block of Monument Street, and charged the defendants with collective negligence in not identifying, warning or repairing of the dangerous sidewalk condition.
Stephens originally named Bank of America, Federal National Mortgage Association, Philadelphia Gas Works, Philadelphia Water Department, the City of Philadelphia and Office of the Attorney General as defendants, though Bank of America and Federal National Mortgage Association were dismissed as defendants in November and December 2013, respectively.
Stephens claimed to suffer severe, permanent external and internal injuries about the head, limbs and body in the fall, in addition to aches, pains and mental anguish, and financial losses beyond the amount recoverable by the Pennsylvania Financial Responsibility Act.
The plaintiff is seeking judgment in excess of $50,000, plus interest and court costs.
The plaintiff is represented by Warren I. Siegel, of Bernhardt & Rothermel, in Philadelphia.
The defendants are represented by Colette A. Pete, Alton G. Grube, Monica S. Lloyd of the Law Offices of Pamela Hargrove and Drew Salaman of Salaman, Grayson Henry, all in Philadelphia.
Philadelphia County Court of Common Pleas case 130701448
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com