Mail carrier sues apartment complex and resident for assault; Complex denies responsibility

By Nicholas Malfitano | Nov 16, 2018


PHILADELPHIA – A mail carrier allegedly assaulted at the Rittenhouse Claridge apartments two years ago has sued both the residential complex and her assailant, while the complex believes sole liability for the incident lies with the assailant.

Kimberly Barkley of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Aug. 14 versus Kaiserman Company, Inc., Rittenhouse Claridge, L.P. and William Coffey, all of Philadelphia.

“On Sept. 12, 2016, the plaintiff was lawfully on the defendants’ premises at 201 South 18th Street, Philadelphia, Pennsylvania delivering mail. Defendant William Coffey, a resident of Rittenhouse Claridge Apartments, without provocation or cause, recklessly, willfully, wantonly and/or maliciously verbally and physically threatened and physically contacted plaintiff,” the suit states.

The verbal and physical assault described above resulted in Barkley suffering both bodily harm and emotional injuries on the part of Coffey, while Barkley says the residential and management defendants failed to have adequate security to prevent the assault.

In an answer to the complaint filed Aug. 30 by the Kaiserman and Rittenhouse Claridge defendants, they collectively denied Barkley’s charges and demanded strict proof of them at trial – in addition to presenting new matter in the form of arguing Barkley’s lawsuit fails to state a claim upon which relief could be granted, was improperly served upon the answering defendants, and barred by both the statute of limitations and a number of legal doctrines, in addition to the assertion of other affirmative defenses.

Furthermore, the answering defendants charged the injuries Barkley suffered were “solely liable, jointly and/or severally liable and/or liable over to the answering defendants.”

For counts of assault and battery, intentional infliction of emotional distress and negligent security, the plaintiff is seeking compensatory and punitive damages in excess of $50,000, in separate sums from both the Kaiserman/Rittenhouse defendants and Coffey.

The plaintiff is represented by Leonard K. Hill and David M. Maselli of Leonard K. Hill & Associates, in Philadelphia.

The defendants are represented by Brigid A. Judge of Campbell Lipski & Dochney, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180801042

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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