PHILADELPHIA – Citing a number of alleged procedural defects, defense counsel in a personal injury action filed by an iron worker against his former employer wants a default judgment levied against their client thrown out of a Philadelphia court.
Edward H. Wiley filed a petition to open judgment on April 27, on behalf of defendant Helcrest Iron Works. Wiley argued plaintiff Darrow Lyons was an employee of Helcrest on the date of the subject accident, which he said would designate any injury claims Lyons initiated as being under the auspices of the Pennsylvania Workers Compensation Act (PWCA).
Wiley also claimed “procedural shortcomings” on Lyons’ part, such as failing to officially serve the complaint; failing to provide the 10-day default notice; failing to provide notice of arbitration hearings and failing to provide notice of the arbitrators’ award – a default judgment which was reached on Sept. 27, 2010 in the amount of $50,000.
Wiley is seeking the default judgment be opened and dismissed with prejudice for lack of jurisdiction over the subject matter; for lack of jurisdiction over Helcrest Iron Works and that the plaintiff pay all attorney’s fees.
Lyons’ lawsuit claims on Dec. 5, 2007, Helcrest Iron Works had a work site set up on the premises of a Shop-Rite supermarket at 1575 North 52nd Street in Philadelphia, and that a dangerous condition existed on site, consisting of an unsecured iron beam. Lyons claimed he was present in the work area, when the beam came loose and struck him.
Lyons argued the defendants’ failed to inspect, properly maintain or secure the work site, or conform to federal, state and local ordinances relating to same.
Lyons allegedly suffered back, neck and head injuries in the accident.
The plaintiff is seeking damages not in excess of $50,000, plus interest, costs and other relief from all defendants in this case.
The plaintiff is represented by Kenneth S. Saffren of Saffren & Weinberg in Jenkintown, and Drew Salaman of Salaman Henry, in Philadelphia.
The defendants are represented by Wiley, also in Philadelphia.
Philadelphia County Court of Common Pleas case 150702626
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com