PHILADELPHIA – A personal injury lawsuit initiated by an iron worker against his former place of business – one that a defense attorney has labeled as being a case filled with “procedural defects” – will now see the outcome of a related petition to open judgment in August.
Edward H. Wiley filed that very petition on April 27, on behalf of defendant Helcrest Iron Works. Wiley argued plaintiff Darrow Lyons was an employee of Helcrest when the subject incident occurred, which he said would automatically classify any legal claims Lyons brought forward as being under 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 wants the default judgment 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.
On July 13, Judge Linda Carpenter ordered a hearing in the matter to decide the fate of the default judgment cancelled, and rescheduled for disposition in four weeks, on Aug. 11. The hearing will take place in Court chambers at City Hall.
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 091104918
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com