Havertown man says he was seriously injured by collapsing retaining wall

By Nicholas Malfitano | Feb 24, 2017

MEDIA – A Havertown man has filed a lawsuit for the injuries he received from a collapsing retaining wall in an accident which occurred approximately two years ago.

Robert Peascheck filed suit on Feb. 8 in the Delaware County Court of Common Pleas, against Eric & Tami Kirchner of Rocklin, Calif., the Estate of June E. Miller and June Miller Real Estate Co., both of Clifton Heights.

According to the lawsuit, the Kirchners owned a single-family home in Upper Darby, with a portion of the property fronting Harwood Avenue, consisting of a brick retaining wall surrounding an elevated yard and concrete steps leading to a long concrete walkway, which led to the front door of the dwelling.

“On or about Feb. 9, 2015, plaintiff [Robert] Peascheck was a tenant of the defendants by virtue of a written lease between the parties for the aforementioned premises…plaintiff was lawfully a pedestrian on the above-described premises, then walking next to the retaining wall. At the aforementioned time and place, plaintiff was knocked to the ground when the aforementioned retaining wall on the defendant’s property collapsed, causing the plaintiff to be struck by the large paving bricks from which the wall was constructed as the bricks fell from the collapsing wall, striking the plaintiff who was then walking by the wall,” the suit details.

“Plaintiff sustained injuries including, but not limited to, left knee medial meniscal tear along with other injuries to the bones, muscles, tissues, nerves and nervous system of the plaintiff,” the suit adds.

For counts of negligence against each individual defendant, the plaintiff is seeking damages in excess of $50,000, plus interest, penalties, court costs and other relief.

The plaintiff is represented by Robert F. Datner of The Datner Firm, in Lansdowne.

Delaware County Court of Common Pleas case 17-001461

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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