PHILADELPHIA – A slippery liquid outside of an apartment complex dumpster is the proximate cause behind a plaintiff’s injurious fall and subsequent injuries, a new lawsuit states.
Russell Foster and Eleanor Lutz of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Feb. 15 versus Domino Lane Partners, L.P. and Premier Properties & Management Corp., GP, also of Philadelphia.
Per the litigation, the defendants maintained the business premises at 449 Domino Lane in Philadelphia. On Jan. 18, 2017, plaintiff was a resident of the apartment complex owned and/or managed by defendants – and at the time and place referenced above, Russell Foster was caused to fall as the result of a slippery substance that had leaked from the dumpsters onto the ground, which caused him to trip/slip and otherwise lose his balance and fall, the suit says.
Piscitello
“The slippery condition referenced above was known by defendants to exist for an unreasonable amount of time, the slipper condition was allowed to occur due to defendants’ knowingly utilizing a dumpster which leaked, or otherwise drained liquids thrown into the dumpster. The defendants unreasonably failed to take preventative measures when using the subject dumpsters referenced above, which would have been reasonably calculated to catching or otherwise absorbing the slippery conditions created by liquids leaking from the subject dumpster,” the suit states.
The plaintiffs believe the defendants failed to maintain the subject premises in a safe and reasonable manner, failed to warn persons, such as the subject plaintiff, that the condition was a slipping hazard and failed to properly train, instruct and/or hire employees and/or third-persons to monitor the conditions of the area where the plaintiff slipped and fell, among other charges.
As a result, Foster suffered unspecified permanent and significant injuries, which may result in pain and suffering, disfigurement, loss of life’s pleasures, medical bills and medical treatment.
For counts of negligence from Foster and loss of consortium from his spouse, Lutz, the plaintiffs are seeking damages in excess of $50,000, plus costs of suit and interest herein.
The plaintiffs are represented by Joseph T. Piscitello of Piscitello Law, in Philadelphia.
Philadelphia County Court of Common Pleas case 180201436
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com