PHILADELPHIA – The City of Philadelphia is once again pursuing sanctions against a local church and co-defendant in a lawsuit filed against both entities.
Drew Salaman filed a motion for sanctions on Oct. 20 against the Church of God II Chronicles 7:16, for failure to answer interrogatories and document requests. A judgment had been found against the church in the amount of $39,912.33 on April 13, and the City served the church with the aforementioned interrogatories and document requests on May 15.
According to the City, the church did not respond within 30 days of receiving the requests, nor did it respond to a first-class mail order sent on Sept. 1. The City’s proposed sanctions included a daily fine $100 until the requests are answered and properly responded to, along with counsel fees of $250.
On Jan. 6, Judge Nina Wright Padilla granted Salaman’s original motion for sanctions under the aforementioned terms. However, Padilla ruled later that month on Jan. 25 that the sanctions motion was being dismissed, for lack of prosecution.
But on June 10, Salaman re-filed the motion for sanctions. Judge Abbe F. Fletman decreed a hearing be held in the matter this past Wednesday, in Court chambers at Philadelphia City Hall.
On Jan. 1, 2007, plaintiff David Crespo allegedly fell on a sidewalk at 3051 North 5th Street in Philadelphia and injured his right foot, ankle and leg, as a result of stepping into a cracked and uneven sidewalk on these same premises. Crespo believes the defendants’ failure to inspect, maintain and repair the sidewalk caused his fall.
Crespo allegedly sustained a right ankle fracture and injuries to bones, discs, cells, nerves, tissues and functions, plus severe shock to his nervous system. According to the suit, Crespo’s medical expenses exceeded $1,500.00.
The plaintiff is seeking damages, jointly and severally, in excess of jurisdictional arbitration limits, plus interest, costs, attorney’s fees and other relief in this case.
The plaintiff is represented by T. Jonathan Hankin of Wapner Newman Wigrizer Brecher & Miller, in Philadelphia.
The defendants are represented by Christopher R. Durso of Rosenbaum & Associates and Salaman of Salaman Henry, both in Philadelphia.
Philadelphia County Court of Common Pleas case 080903207
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com