HVAC technician filed negligence action improperly, defense says

By Nicholas Malfitano | Oct 15, 2015

Frederick W. Brown  

PHILADELPHIA – Improper jurisdiction and venue has been alleged in the case of a former HVAC technician suing his former employer for negligence-related injuries in the Philadelphia County Court of Common Pleas.

According to a July 10 motion for preliminary objections filed by defense attorney Frederick W. Brown, the action upon which Marlton, N.J. resident Johnny Perez’s suit revolves around occurred in Camden, N.J., and defendant James B. Ryan, Inc. also based in Camden, does not do business in Philadelphia County.

Therefore, the defense says, the Philadelphia County Court of Common Pleas is both an improper jurisdiction and venue for the case to be heard. Therefore, the defendant seeks dismissal of the case without prejudice.

A hearing in this matter was set for Wednesday at Philadelphia City Hall, in Court chambers.

Perez’s suit states on May 16, 2013, he was employed by the defendant as an HVAC system service technician/installer. On that day, Perez’s work site was the Faith Holy Temple in Camden, N.J., and he says found himself tasked with the duty of manually lifting a 500 to 600-pound compressor unassisted – a job usually handled with cranes. Perez claims the defendant did not want to pay for the cost of a crane for this task.

In the course of lifting the compressor, Perez was injured, suffering a posterior annular tear with a disc bulge, a superimposed broad-based central and left paracentral disc herniation at his L4-L5 vertebrae, he says.

Among other charges, Perez’s suit claims the defendants were negligent for failing to provide a safe workplace, failing to properly supervise work in hazardous conditions and violating Occupational Safety and Health Administration (OSHA) regulations.

The plaintiff is seeking a sum jointly and severally, in excess of $50,000 and in excess of compulsory arbitration limits in this case.

The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.

The defendant is represented by Frederick W. Brown of Weber Gallagher Simpson Stapleton Fires & Newby, in Philadelphia.

Philadelphia County Court of Common Pleas case 150501196

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

More News

The Record Network