N.J. company dismissed from litigation surrounding Philly building's nine-story elevator fall

By Nicholas Malfitano | Aug 16, 2018

PHILADELPHIA – One of the entities listed in a lawsuit filed as a result of a Philadelphia man’s injuries from a nine-story elevator fall in a Center City commercial building has been conditionally dismissed from the action.

Per an order issued by Philadelphia County Court of Common Pleas Judge Shelley Robins-New on July 31, VDA of East Hanover, N.J. and Cherry Hill, N.J. has been dismissed from the litigation filed by Scott Richards of Philadelphia, without prejudice.

“VDA has represented that it was not responsible for maintenance or inspection of the elevator that plaintiff alleges is causally related to his accident. If information concerning the incident is revealed during discovery that implicates liability on VDA’s behalf, plaintiff will not be precluded from amending its complaint to restore VDA to this action,” Robins-New’s order read.

Richard first filed suit in the Philadelphia County Court of Common Pleas on Aug. 22, 2017 versus Curtis Center of Philadelphia, Keystone Property Group of Conshohocken, Keystone Property Group, Curtis Center TIC I LLC, Curtis Center TIC II LLC, H’Y2 Curtis, all of Bala Cynwyd, Schindler Elevator Corporation of Morristown and Moorestown, N.J., P.M. Associates and AA Casa Inc., both of Lower Gwynedd.

According to the lawsuit, all of the defendant entities listed owned, managed, maintained and operated the elevator at the property located at 601 Walnut Street, known as The Curtis Center, and should have known of the elevator’s allegedly dangerous and defective condition.

On or about Sept. 11, 2015, plaintiff Richards, while in the aforesaid elevator, dropped unexpectedly and rapidly from the ninth floor and abruptly stopped at the ground level. Richards believes the defendants collectively committed negligence by failing to inspect and maintain the elevators, fix their defective condition or warn visitors to the building of said condition, among other charges.

As a result, Richards says he suffered cervical radiculopathy, panic attacks, anxiety, post-traumatic stress disorder, neck, back and right arm injuries, plus orthopedic, neurologic and psychological injuries.

For a lone count of negligence against all defendants, the plaintiff is seeking damages, jointly and severally, in excess of $50,000.

The plaintiff is represented by Robert N. Braker and Matthew Grubman of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.

The defendants are represented by Eric A. Weiss and Michael A. Salvati of Marshall Dennehey Warner Coleman & Goggin, Gregory P. Voci of Styliades Mezzanotte & Hasson, also all in Philadelphia, plus Roy H. Schwartz of Zetlin & De Chiara, in New York, N.Y.

Philadelphia County Court of Common Pleas case 170801995

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

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