Pennsylvania Record

Monday, September 23, 2019

Motion to enforce settlement is withdrawn in lawsuit filed by apartment tenant, robbery shooting victim

State Court

By Nicholas Malfitano | Sep 4, 2019


PHILADELPHIA – A motion for settlement enforcement was recently withdrawn in the case of a Philadelphia man who was assaulted, robbed and shot in his apartment and believed the complex where he lived should bear responsibility for an alleged lack of security.

On July 22, counsel for plaintiff Leon Hill filed a praecipe to mark the litigation as settled.

On Aug. 7, the same counsel filed a motion to enforce the settlement of $12,500, plus $500 in sanctions. However, that motion was then withdrawn on Aug. 20.

Hill first filed suit in the Philadelphia County Court of Common Pleas on May 16, 2017 versus the defendants Franklin Square Townhomes, L.P., North Point Condominium One Owners Association and North Point Condominium Two Owners Association in Philadelphia, plus Liss Property Group, LLC of Gladwyne.

Hill was a resident of the Franklin Square Townhomes in Philadelphia, and said he was victimized inside his housing unit by an unknown assailant who entered the unit, then proceeded to rob, attack and shoot him.

It is Hill’s belief the complex management had awareness of prior criminal activity at the complex, but did not do enough to provide proper security for complex residents such as himself. Hill felt this would have included noting prior security issues and criminal activity, failing to provide alarm systems, surveillance cameras, callboxes, posted guards and trained security personnel, plus barricades, fences or other safeguards.

As a result of the robbery, assault and shooting, Hill said he suffered a number of injuries, including a gunshot wound to his right leg, internal injuries of an unknown nature, physical pain, mental anguish and severe shock to his nerves and nervous system.

Prior to settlement, the plaintiff was seeking damages in excess of $50,000, plus interest and costs of suit in this matter.

The plaintiff was represented by Marc D. Vitale of Brownstein Vitale & Weiss, in Philadelphia.

The defendants were represented by Elizabeth A. Chalik of Wood Smith Henning & Berman, also in Philadelphia.

Philadelphia County Court of Common Pleas case 170502507

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

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Philadelphia County Court of Common Pleas

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