PHILADELPHIA – A pair of co-defendants in a pending negligence action should be sanctioned, according to the City of Philadelphia.
Attorney Drew Salaman filed a motion for sanctions on Aug. 5, seeking Philadelphia defendants James and Faith Fox pay a daily fine of $100 and counsel fees of $250 to the City, in connection with allegedly failing to abide by a prior court order to respond to comprehensive interrogatory and document requests.
On Feb. 13, judgment for the City was entered in the amount of $31,336.99. It was further determined on July 2 that the defendants were required to provide full and complete answers to interrogatory and document requests within 30 days, which the City alleges they have not done.
A hearing in this matter was set for Tuesday at Philadelphia City Hall, in Court chambers.
On Feb. 15, 2007, plaintiff William Woods Jr. was walking on the 2200 block of Sepviva Street, when he allegedly fell on a defective sidewalk where ice and snow had accumulated. Woods sued the defendants for negligence in failing to inspect, maintain or repair the sidewalk, or warn pedestrians of the defects in the sidewalk.
Woods allegedly suffered a right distal fibula fracture with a subsequent surgery, weakness and numbness of his right leg with right hip and back pain, shock and injury to his nerves, nervous system and emotions.
The plaintiff is seeking a sum, jointly and severally, in excess of arbitration limits, plus interest and costs in this case.
The plaintiff is represented by Jo Ann P. Kelton of Matkoff Shengold Burke Blyweiss & Arbittier, in West Chester.
The defendants are represented by Mary L. Schmidt, and Drew Salaman of Salaman Henry, both in Philadelphia.
Philadelphia County Court of Common Pleas case 090200499
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com