Wisconsin woman sanctioned by Philly judge; She is suing over a pothole

By Nicholas Malfitano | Jan 16, 2018

PHILADELPHIA – Alleged failures relating to a lack of response to interrogatories and requests for production of documents have left a Wisconsin woman, one suing a number of Pennsylvania-based utility companies for injuries and damages resulting from an automobile accident, facing legal sanctions.

On Jan. 3, Judge Mary D. Colins ruled to grant the motion for sanctions filed by defendant Aqua Pennsylvania, Inc. In that motion, it sought to levy penalties upon plaintiff Frances Widmer for not complying with a prior order issued by Judge Denis P. Cohen on Aug. 14.

That prior August order required Widmer to “provide complete and verified answers to Aqua Pennsylvania, Inc. contention interrogatories dated July 1, 2017 within 10 days of the date” of that same order, and further decreed “plaintiff’s counsel is to reimburse defendant $100, including the $57.68 filing fee incurred for filing this motion for sanctions.”

Stipulated in the recent Jan. 3 order is that, as a result of not complying with the Aug. 14, 2017 order, Widmer is “precluded from introducing any evidence or argument concerning the matter requested in Aqua Pennsylvania, Inc.’s contention interrogatories and requests for production of documents.”

Widmer, of Oskosh, Wis., initially filed suit on Jan. 19, 2017 in the Philadelphia County Court of Common Pleas, against Aqua Pennsylvania, Inc. and Aqua America, Inc. of Bryn Mawr, Caddick Construction and Caddick Utilities, LLC of Ambler, A. Giuliani & Company and A. Giuliani Equipment Company, Inc. of Dreshertown and PECO Energy Company, of Philadelphia.

“Widmer was driving in her vehicle on South Easton Road in Willow Grove on Jan. 29, 2015, when, by reason of negligence of the defendants, the plaintiff was caused to strike a hole, unlevel and/or defective condition,” the complaint read.

According to Widmer’s complaint, this condition was caused by construction work happening on the date of the accident, and the defendants failed to inspect, maintain and repair the work site, or warn motorists of the danger of the site. Widmer alleges she suffered full-body injuries in the accident.

The plaintiff is seeking damages in excess of the jurisdiction’s arbitration limits.

The plaintiff is represented by Jeffrey P. Curry of Rosenbaum & Associates, in Philadelphia.

Philadelphia County Court of Common Pleas case 170102531

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

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