Negligence of inspection and maintenance at Chester property caused woman's injuries, suit says

By Nicholas Malfitano | Aug 25, 2017

MEDIA – A woman has initiated legal action in the wake of an injurious fall she sustained at a residence in Chester, one maintained by a fellow local resident and the community’s government.

Nelda Austin of Chester filed suit in the Delaware County Court of Common Pleas on July 17 versus Kenneth Payne and the City of Chester, both also of Chester.

On Oct. 1, 2016, Austin says she was caused to trip and fall on a hole or section of broken sidewalk located in the driveway of 2330 West 3rd Street in Chester, a property collectively cared for, maintained and controlled by the defendants.

Austin avers the defendants had notice of the condition of the pavement, but did not inspect, maintain, repair or warn of said condition in a timely manner, in such a way to prevent passerby from being injured by it, among other charges.

Austin claims to have suffered serious and permanent personal injuries of an unspecified nature, serious impairment of bodily function and/or permanent serious disfigurement and/or aggravation of pre-existing conditions in the fall.

For a single count of negligence, the plaintiff is seeking damages in excess of $50,000, plus all costs and other relief this Court deems just.

The plaintiff is represented by Marc I. Simon of Simon & Simon, in Philadelphia.

Delaware County Court of Common Pleas case 2017-006281

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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