Plaintiff says City of Philadelphia's lack of timely repairs to pothole caused her injuries

By Nicholas Malfitano | Oct 11, 2018


PHILADELPHIA – A couple are pursuing legal damages against the City of Philadelphia for its alleged negligence in not timely repairing a pothole on 2nd Street, one that is said to have caused serious injuries to the wife.

Mary K. Joseph and John M. Joseph of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on July 12 versus The City of Philadelphia.

The suit says that work orders and service requests existed dating back to February 2016 for the street and roadway on 2nd Street in Philadelphia, to repair a large, foot-long pothole found in the middle of the road, between South Street and Bainbridge Street.

“On or about April 28, 2018, at or about 7:30 p.m., Mary K. Joseph was caused to fall because of dangerous conditions from the uneven, broken, missing and/or cracked street and roadway on South 2nd Street, between South Street and Bainbridge Street, at/on/or about the street and roadway near 616 South 2nd Street in Philadelphia,” the lawsuit reads.

“At the aforesaid time and place, Mrs. Joseph suffered serious and permanent injuries because of the negligence of the defendant, as stated more specifically herein. As a result of the aforesaid, Mrs. Joseph sustained injuries, the full extent of which are not yet known, but which include injuries to her left hip and leg, head, back and brain.”

The plaintiffs believe the defendant was negligent in failing to maintain the street and roadway in a condition which would protect and safeguard persons lawfully walking in the area, permitting the aforesaid area to become and remain a nuisance, snare, and trap for persons lawfully in said area and failing to warn plaintiff and other members of the public of the dangerous conditions on the street and roadway when the defendant knew, or in the exercise of reasonable care should have known, of the existence of the dangerous conditions in sufficient time to resolve the problem or place proper warnings upon the street and roadway, among other negligences.

On Sept. 24, counsel for the plaintiffs filed a motion to compel defendant’s complete responses to interrogatories and request for production of documents, after not receiving responses to their initial request for same back on Aug. 8. The plaintiffs believe the documents contain information “discoverable and necessary for the preparation” of their case and the failure to provide it has “severely prejudiced plaintiffs in their case.”

For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of $50,000 plus interest.

The plaintiffs are represented by Richard K. Washington Jr. and Lia X. Washington of Washington & Washington, in Philadelphia.

The defendants are represented by Rufus A. Jennings of Deasey Mahoney & Valentini, plus Daniel J. Rucket and John H. McCarthy of Rawle & Henderson, all also in Philadelphia.

Philadelphia County Court of Common Pleas case 180701331

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

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