PHILADELPHIA – The Philadelphia County Court of Common Pleas has labeled the pursuit of sanctions against a fellow defendant in a premises liability lawsuit as moot.
Judge Linda Carpenter declared a hearing connected to a defense motion for sanctions as moot, since the parties involved did not appear at Wednesday’s scheduled hearing connected to that motion.
Drew Salaman filed a motion for sanctions on Nov. 18, as Philadelphia defendants Jawaka Jackson and Benson Johnson did not respond to interrogatory and document requests. Jackson and Johnson had a judgment of $20,419.86 levied against them on May 12. The aforementioned interrogatory and document requests were sent to Jackson and Johnson on June 24.
Salaman seeks sanctions from those defendants consisting of a daily fine of $100 to the City for every day they do not comply with the prior court orders, plus counsel fees of $250.
On May 9, 2009, plaintiff Brenda Anderson of Philadelphia tripped and fell on a sidewalk in the 5700 block of Spruce Street due to missing or broken pavement, and a result of failure on the part of the defendants to properly inspect, maintain or repair that sidewalk, the suit says.
The defendants in this litigation include John Kates Jr. and Ella Mae Kates of Philadelphia, the City of Philadelphia, plus additional defendants Jackson, Johnson and Chris Brown of Upper Darby.
The plaintiff is seeking damages not in excess of $50,000 from each individual defendant, plus attorney’s fees and costs in this matter.
The plaintiff is represented by Marc F. Greenfield of Spear Greenfield & Richman, in Philadelphia.
The defendants are represented by Deputy City Solicitor Michael Karasik; John E. Savoth and Robert W. Zimmerman of Saltz Mongeluzzi Barrett & Bendesky; and Salaman of Salaman Henry, all in Philadelphia.
Philadelphia County Court of Common Pleas case 100101266
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org