PHILADELPHIA – According to recently filed litigation, negligence exhibited by Comcast, Verizon and the City of Philadelphia through the improper securing and maintenance of cable wires on a property in Philadelphia’s Old City neighborhood, led one plaintiff to be injured.
Paul Grierson of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on May 22 (and an amended complaint on July 13) against Comcast Corporation, Verizon Communications and the City of Philadelphia, plus Cablenet Services.
“On or about Dec. 27, 2016, plaintiff was an invitee, licensee and/or otherwise legally on the premises [the 1700 block of South 4th Street], when, as a result of the negligence, recklessness and/or carelessness of the defendants, jointly and/or severally, plaintiff was caused to fall because of dangerous and/or defective cable wires that were improperly-secured, improperly-maintained and/or improperly-mounted on the premises,” the suit states, adding the plaintiff suffered a left knee lateral meniscus tear, lumbar herniations and a right toe sprain in the incident.
Defense counsel Brian L. Calistri filed a motion for discontinuance on Aug. 9, claiming Verizon had no connection to owning or maintaining the wires in question, and thus, no responsibility for the subject accident.
“On Aug. 3, plaintiff’s counsel executed Verizon’s stipulation of dismissal. Pursuant to Pa.R.C.P. 229(b)(1), the Court may enter a discontinuance as to a defendant that plaintiff has stipulated, in writing, to the discontinuance, even if all parties have not executed the stipulation. As plaintiff’s counsel has agreed to Verizon’s discontinuance, Verizon now respectfully requests the Court dismiss Verizon from this matter, pursuant to Pa.R.C.P. 229(b)(1),” the motion read.
The motion to discontinue Verizon from the suit remains pending before Philadelphia County Court of Common Pleas Judge Arnold L. New.
For 15 separate counts of personal injury, the plaintiff is seeking damages in excess of $50,000, plus attorney’s fees, costs and any other relief the Court deems necessary.
The plaintiff is represented by Eli S. Levine of the Law Offices of Craig A. Altman, in Philadelphia.
The defendants are represented by Peter W. Baker of the City of Philadelphia’s Law Department, Harry C. Rogers IV and Steven P. Cholden of Bardsley Benedict & Cholden, plus Brian L. Calistri and Charlene A. Taylor of Weber Gallagher Simpson Stapleton Fires & Newby, also all in Philadelphia.
Philadelphia County Court of Common Pleas case 180502305
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com