PHILADELPHIA – A hospital deliveryman is suing two prominent Philadelphia hospitals for negligence after he says a loading dock plate weighing more than 250 pounds crushed his left leg, while one of the hospitals denies his allegations.
Thomas Lutz of Darby filed suit in the Philadelphia County Court of Common Pleas on Aug. 22 versus the Trustees of the University of Pennsylvania (individually and/or doing business as “University of Pennsylvania Medical Center”) and the Children’s Hospital of Philadelphia (individually and/or doing business as “the Children’s Hospital of Philadelphia Foundation”), both of Philadelphia.
“On June 30, 2016, in the early morning hours, plaintiff Thomas Lutz was doing his job of delivering and removing various laundry and related material at the main loading dock at CHOP in an area at or near loading dock H-2 at or near 34th Street and Civic Center Boulevard when suddenly, violently and without any indication and/or warning and without any fault of his own, an approximately 250+ lbs. metal loading dock plate fell and struck and crushed plaintiff’s left lower extremities,” according to the suit.
“As a natural and probable consequence and a legal course from the sequelae of the personal injuries and treatments to address those injuries and sequelae, plaintiff fell on or about Nov. 29, 2016, fracturing his nose and other facial bones.”
The plaintiff alleged the defendants failed to abide by OSHA regulations in creating and maintaining a safe work environment, failure to control the ingress and egress and placement of vehicles in the loading dock area, and failure to provide competent and experienced employees and/or others under its direction or control, among other allegations.
In total, the plaintiff says he suffered fractures to his left tibia and fibula (and surgery with resultant scarring), abnormalities of gait, loss of mobility and balance resulting in isolation, loss of use of left lower extremity with fall risk, shortening of his left lower extremity, antalgic gait, loss of sleep, intense pain and suffering, headaches, anxiety, right superior lateral orbital fracture, right frontal bone fracture, nasal fractures along with related scarring, embarrassment, diminishment of smell, taste, and side effects from prescription medication.
According to the plaintiff, he has incurred medical expenses totaling more than $250,000 and has lost more than $100,000 in wages due to the incidents.
In preliminary objections filed by counsel for University of Pennsylvania Medical Center on Sept. 6, the complaint is “devoid of any factual allegations that could support a finding that any of the trustees’ conduct was outrageous, reckless or done with evil motive” and is thus insufficiently-pled.
For two counts of negligence, the plaintiff is seeking damages in excess of $75,000, plus delay damages, interest, costs and proper consideration which the Court would deem appropriate.
The plaintiff is represented by Arthur G. Girton in Chester.
The defendants are represented by Francis J. Grey Jr. and Jonathan A. Delgado of Ricci Tyrrell Johnson Grey in Philadelphia, plus Andrew J. Fuga and Tiffany R. Marini of Burns White, in West Conshohocken.
Philadelphia County Court of Common Pleas case 180602645
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com