PHILADELPHIA – Litigation between a Merion Station property owner who credited its robbery to an improperly installed security system and the party allegedly responsible, Comcast, has been settled according to court records.
On Jan. 3, plaintiff counsel filed a praecipe to mark the instant litigation filed by Matthew Levitsky as “settled, discontinued and ended.” Terms of the settlement were not disclosed.
Levitsky, of Merion Station, first filed suit in the Philadelphia County Court of Common Pleas on Oct. 24, 2017, versus Comcast Corporation, of Philadelphia. Plaintiff Amy Modlin was later added to the lawsuit.
“On or about April 17, 2016, plaintiff was legally the owner of the premises [on the 100 block of Merion Road, in Merion Station], when, as a result of the negligence, recklessness and/or carelessness of the defendants, the premises was robbed and the aforementioned security system failed to properly function. As a result of this incident, the plaintiff suffered property loss. If an arbitration hearing is appealed, plaintiff demands a jury trial in an amount in excess of $50,000,” the suit stated.
The plaintiff believed Comcast exhibited negligence, recklessness and/or carelessness by failing to properly design, construct, maintain, and/or repair the security system; installing the security sensors upside down; installing the security sensors incorrectly and failing to check the installation of the security sensors to ensure that they were correctly installed, among numerous other examples of alleged negligence.
“As a direct result of the negligent, careless and/or reckless conduct of defendant, the plaintiff suffered various property losses,” the complaint read.
Prior to settlement and for a lone count of negligence, the plaintiff was seeking damages not in excess of $50,000, plus attorney’s fees, costs and any other relief the Court deems necessary.
The plaintiff was represented by David E. Kwartler of Kwartler Manus, in Philadelphia.
The defendant was represented by Stephen P. Cholden of Bardsley Benedict & Cholden and Nicolai A. Shurko of Shook Hardy & Bacon, both also in Philadelphia.
Philadelphia County Court of Common Pleas case 171003074
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com