Philadelphia organic restaurant says scaffolding on neighboring property damaged roof

By Nicholas Malfitano | Oct 5, 2018

PHILADELPHIA – A case management conference has been slated in a lawsuit that alleges a construction company’s negligence caused damage to be sustained to the roof of the adjacent building, an all-organic restaurant.

Nukeyshia Vega of Glenmoore and 1240 Ridge Avenue LIC Corp. (Seed Freedom) of Philadelphia first filed suit in the Philadelphia County Court of Common Pleas on May 22 versus Dunnagal Construction Company, LLC, of Birdsboro.

On Sept. 1, 2016, the plaintiffs say they sustained damage to their property by the defendant “negligently and improperly erecting scaffolding from the adjoining property, causing severe damage to the roof. As a result of these damages, plaintiffs were forced to close their business, suffering loss of income and loss of rent, the suit says.

“Plaintiffs retained the services of Dan W. Welch Public Adjusters. Pursuant to their representation of plaintiffs, DWW issued estimates for the interior damage only in the amount of $16,819.26. Plaintiffs sustained severe damage to the roof and structure of the building. As a result of defendant’s negligence, plaintiff, 1240 Ridge Avenue LIC Corp. (Seed Freedom) sustained a loss of income from Sept. 1, 2016 to Dec. 31, 2017 in the amount of $8,683,” the suit said.

“Plaintiff’s loss of income is continuing through 2018. As a result of defendant’s negligence, plaintiff, Nukeyshia Vega, sustained loss of rental income and sustains an ongoing loss of income from Sept. 1, 2016 to the present at the rate of $5,000 per month. Plaintiff’s loss of rent is continuing through 2018,” the suit added.

On Aug. 21, Philadelphia County Court of Common Pleas Judge Arnold L. New issued a notice that announced that a case management conference set for the end of that month had been rescheduled to Sept. 25, and “no further continuances will be granted absent exigent circumstances.”

“Counsel for plaintiff is directed to serve a copy of this notice on any unrepresented party and any attorney entering an appearance subsequent to the issuance of this notice. Counsel must be prepared to address all relevant issues,” New said.

However, such circumstances did present themselves and the conference in question was continued an additional four weeks, to Oct. 22.

For negligence, the plaintiffs are seeking damages in excess of $50,000, plus interest, costs and other such relief as the Court may deem just and proper.

The plaintiffs are represented by Robert F. Stranick of the Law Offices of Robert F. Stranick, in Media.

The defendant has not yet secured legal counsel, according to Court records.

Philadelphia County Court of Common Pleas case 180502297

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

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