PHILADELPHIA – The City of Philadelphia has successfully had a co-defendant it alleges has failed to cooperate with court orders, sanctioned by the Philadelphia County Court of Common Pleas.
On July 6, Drew Salaman filed a motion for sanctions on behalf of the City, against co-defendant and Philadelphia resident John Macrillo. The seeking of sanctions against Macrillo is in connection with his alleged refusal to respond to Interrogatory and Document Requests made to him by the City.
Also, a judgment had been entered in favor of the City and against Macrillo on March 4, in the amount of $3,432.42. Per court records, Macrillo was served with the aforementioned requests from the City on March 11, with a 30-day deadline in which to respond. When no response was made by June 4, Macrillo was again ordered to respond to the City’s Interrogatory and Document Requests.
The City had proposed Macrillo be subject to a fine of $100 for each day his non-compliance continues beginning 10 days from the docketing of the order, along with an extra sanction of $250 for the City’s counsel fees - a proposal the Court granted on Thursday.
Joseph and Kathy Ann Cacia brought suit in May 2008, in connection with a fall sustained by Joseph two years prior.
On May 15, 2006, Cacia was walking on the 900 block of Jackson Street in Philadelphia, and fell due to a dangerous, cracked condition in the sidewalk at the northwest corner of 10th & Jackson Streets. The Cacias allege the negligence of Macrillo and the City, in not inspecting, maintaining or repairing the condition, caused the accident.
Cacia claimed to suffer low back, left groin and left knee injuries in the fall.
The plaintiffs are seeking a sum jointly and severally, not in excess of $50,000 in this case. Kathy Ann Cacia also sues for loss of consortium, for equal damages.
The plaintiffs are represented by Steven A. Liss of Raskin & Liss, in Phil.
The defendants are represented by Anthony J. Agati, plus Drew Salaman of Salaman Henry, both in Philadelphia.
Philadelphia County Court of Common Pleas case 080500997
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com