Construction site accident victim seeks damages, defendants say case is in wrong venue

By Nicholas Malfitano | Sep 7, 2018

PHILADELPHIA – A man who suffered permanent spinal injuries on a construction site in Devon is seeking damages for those same injuries and for the defendant companies he feels are responsible to be held accountable, as the defendants simultaneously believe that his claims are in the wrong forum.

Brittany Reigler (as durable power of attorney for John Reigler) of Marcus Hook first filed suit in the Philadelphia County Court of Common Pleas on Aug. 13 versus Recovery Centers of America, MLP Builders and Safeway Services of Lester.

“On April 16, 2018, plaintiff John Reigler suffered catastrophic and permanent injuries, including but not limited to devastating spinal cord injuries, as a result of a trip-and-fall that occurred on an active construction site at the Recovery Center Defendants’ property in Devon, Pennsylvania when his foot and/or leg became entangled in dangerous shoring/scaffolding that was planned and subsequently erected in a reckless and negligent manner by the party defendants,” the suit explained.

The injuries left Reigler hospitalized at Magee Rehabilitation Center in Philadelphia County to treat his spinal injuries, he says.

“As a direct and proximate result of the recklessness and negligence of all of the party defendants, plaintiff John Reigler has sustained significant and ongoing conscious pain and suffering, loss of physical function, permanent physical, mental and psychological injuries, humiliation and embarrassment, disfigurement, loss of enjoyment of life, loss of earnings and future earning capacity, and all of the damages to which he is entitled under the law of Pennsylvania,” the suit stated.

According to the litigation, the defendants failed to provide Reigler with a safe place to work, failed to ensure that only reasonably-safe shoring/scaffolding existed at the construction site and failed to ensure that same shoring/scaffolding would have reasonably wide and safe pathways for workers so that workers would not trip, fall and injures themselves, among other charges.

On Aug. 28 and Aug. 31, separate sets of preliminary objections filed by defense counsel argued that the plaintiff’s claims of recklessness and for punitive damages were insufficiently-pled and that venue in Philadelphia was improper, since the accident occurred in Devon, which is located in Chester County.

For counts of negligence and recklessness against all defendants, the plaintiff is seeking compensatory and punitive damages, jointly and severally, in excess of $50,000 and such other relief, plus a trial by jury in this matter.

The plaintiff is represented by Frederic S. Eisenberg and Daniel J. Sherry Jr. of Eisenberg Rothweiler Winkler Eisenberg & Jeck, in Philadelphia.

The defendants are represented by Kim R. Plouffe of German Gallagher & Murtaugh, Eric J. Assini of Fallon Van Horn and Joseph M. Oberlies of Connor Weber & Oberlies, also all in Philadelphia.

Philadelphia County Court of Common Pleas case 180600625

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

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German Gallagher and Murtagh Philadelphia County Court of Common Pleas

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