Philly plaza defendants facing allegations of negligence for failing to stop gang assault last year

By Nicholas Malfitano | Dec 5, 2018

PHILADELPHIA – A woman who asserts she was assaulted and beaten by a group of attackers at The Schmidt’s Commons in Philadelphia’s Northern Liberties neighborhood more than a year ago has brought legal action in response to that event.

Stormi Kelley of Eastampton, N.J. filed suit in the Philadelphia County Court of Common Pleas on Nov. 12 versus various real estate entities. 

“At or about this time and date on Aug. 6, 2017 at approximately 8:00 p.m., plaintiff, an invitee of the Hancock defendants, just having left the Gunner’s Run bar/ restaurant on the premises, was assaulted and physically injured by Christopher Ramos, Hugh Bayard and/or several others, who are currently unknown to plaintiff, on the premises,” the suit states.

“The assault occurred during a confrontation within the bounds of the premises, along the Germantown Avenue side, and moved over several minutes up the sidewalk within the bounds of the premises along the Germantown Avenue side, and ended up in the open concrete area just below or at Wahlburgers restaurant, all of which were within the bounds of the premises, also referred to herein as the Piazza at Schmidt’s.”

Due to the assailants’ attack and the defendants’ alleged and collective negligence, Kelley incurred a long list of injuries, including: A concussion, post-concussive syndrome, brain injury, brain damage, head injury, neurological deficits and impairments, post-traumatic stress disorder, photophobia and phonophobia, among other concussion-related injuries.

For 12 counts of negligence and one count of vicarious liability against all defendants, the plaintiff is seeking damages, individually, jointly, and/or jointly and severally, in an amount in excess of $50,000, and demands pre-judgment interest, post-judgment interest and cost of suit, which are all also claimed, in addition to a trial by jury consisting of 12 jurors.

The plaintiff is represented by Paul P. Gaffney of The Gaffney Firm, in Philadelphia.

The defendants are 1050 N. Hancock Partners, LP, Westminster Management, The Schmidt’s Commons, Tower Investments, Inc., 1033 North Second Associates, LP, 1033 North Second GenPar, Inc., 1033 North Second Association, Oracle Protection Services and Costa Security Services, all of Philadelphia, Westminster Management, LLC of Florham Park, N.J., plus Northern Liberties GP, LLC and Kushner Companies of New York City.

The defendants are represented by John M. Pecci II and Erica C. Johnson of Marks O’Neil O’Brien Doherty & Kelly, Anthony J. Canale of Bunker & Ray and Angelo L. Scaricamazza Jr. of Naulty Scaricamazza & Devitt, all in Philadelphia.

Philadelphia County Court of Common Pleas case 180702502

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

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