MEDIA – Defense counsel for a Wallingford nursing home want an Aston plaintiff suing the facility for alleged leg, spine and shoulder injuries to answer requests for interrogatory answers and production of documents.
On Feb. 28, William J. Mundy and Jude J. Steininger filed a motion to compel plaintiff Carolyn Payne to answer the aforementioned requests, after sending the initial request on Aug. 23, 2017 and follow-up correspondence on Oct. 27, 2017 and Jan. 2 of this year. Without Payne’s responses, defense counsel states that it is “unable to prepare a proper defense of this case” and a lack of response is in violation of Pennsylvania Rules of Civil Procedure 4006 and 4009.12.
Payne initially filed suit on Feb. 23, 2017 in the Delaware County Court of Common Pleas, versus Wallingford Nursing And Rehabilitation Center of Wallingford, plus Health Care and Retirement Corporation of America, Manor Care of America, Inc. and HCRA Properties I, LLC, all of Toledo, Ohio.
(The non-Wallingford defendants were later dismissed from the case.)
“On or about March 10, 2015, plaintiff was a business invitee of defendants as a guest of a resident of the property, attempting to exit the property through a vestibule area, when a dangerous condition in the form of a wet, slippery accumulation of water on the floor of the vestibule area and/or a negligently-placed rug/floor mat, caused her to slip and fall to the ground,” the suit states.
The plaintiff says she suffered multiple injuries due to the accident, including a right fibular fracture, cervical spine injuries, right shoulder injuries, soft tissue edema, significant pain and suffering, anguish, scarring and/or disfigurement.
For multiple counts of negligence against all defendants, the plaintiff is seeking damages in excess of $50,000, plus attorney’s fees, costs, delay damages, pre- and post-judgment interest and other relief in this matter.
The plaintiff is represented by Jonathan B. Acklen of Green Schafle & Gibbs, in Philadelphia.
The defendants are represented by Mundy, Steininger and Michael B. Reese of Burns White, in West Conshohocken.
Delaware County Court of Common Pleas case 2017-001937
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org