PHILADELPHIA – A plaintiff allegedly injured on a Philadelphia street by walking into a hole is pursuing legal damages against the city, state, and a number of other businesses, including Comcast.
Jennifer Wong of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on July 10 versus the City of Philadelphia, Comcast, the Pennsylvania Department of Transportation, Rhino Cable Services and J.G. Crozier Contractors, Inc. of Bristol.
“On June 23, 2016, on or near 81 South 8th Street, Philadelphia, Pennsylvania, 19106, plaintiff Jennifer Wong, was lawfully on the aforesaid premises when she was caused to fall as a result of a defective condition, i.e. hole/trench, bulge and/or defective condition of the roadway and surrounding area. As result of the negligence of the defendants, plaintiff sustained injuries,” the suit states.
“Solely as a result of the negligence and carelessness of defendants, plaintiff suffered severe injuries, including but not limited to, injuries to plaintiff’s lower back, neck, right knee and left ankle. As a direct result of the aforesaid injury, plaintiff suffered severe shock to her nervous system, great physical pain and mental anguish, all of which may continue for an indefinite period of time into the future.”
In new matter filed Aug. 3 on behalf of J.G. Crozier Contractors, it said the injuries were the result of the plaintiff’s own negligence and any recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act. Furthermore, it asserted cross-claims against its fellow defendants and liability for contribution and/or indemnity.
In similar new matter filed Aug. 6 on behalf of the Commonwealth, it disavowed liability for the accident and claimed it was time-barred by assumption of risk and the applicable statute of limitations. It also asserted cross-claims against its fellow defendant and similar joint and several liability, if the case were to be found in the plaintiff’s favor.
For negligence against all defendants, the plaintiff is seeking damages, jointly and severally, in excess of $50,000 and in excess of the compulsory arbitration limit of the Court.
The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.
The defendants are represented by Joshua Feissner of the City of Philadelphia Law Department, Steven P. Cholden of Bardsley Benedict & Cholden, Kristen D. Lawfer of the Pennsylvania Office of the Attorney General, John R. McHaffie of the Law Office W. Kelly McWilliams, Thomas E. Tyler and James W. Layne of Dabrowski Law, all in Philadelphia, plus Dennis O. Wilson of Zirulnik Sherlock & DeMille, in Mount Laurel, N.J.
Philadelphia County Court of Common Pleas case 180602014
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com