PHILADELPHIA – Following a near month-long continuance, a pair of co-defendants in a pending negligence action may still face sanctions.
Attorney Drew Salaman, representing the City of Philadelphia, filed a motion for sanctions on Aug. 5, seeking Philadelphia defendants James and Faith Fox to 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.
Though a hearing in this matter was set for Oct. 27, the proceedings were rescheduled 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.
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