Pennsylvania Record

Tuesday, November 12, 2019

City of Philadelphia ordered to respond to injured cyclist's inquiries and requests for evidence production

State Court

By Nicholas Malfitano | Nov 5, 2019

Philadelphia

PHILADELPHIA – Per judicial order, the City of Philadelphia will respond to a request for interrogatories and production of documents connected to the case of a cyclist allegedly injured by an “obstruction” meant to protect wires and hoses on the Benjamin Franklin Parkway.

According to Philadelphia County Court of Common Pleas Judge Daniel J. Anders, it was ordered on Oct. 22 that the City would produce full, complete and verified answers to plaintiff’s interrogatories and requests for production of documents addressed to defendants with 20 days of this order.

John Pagano III of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on Jan. 14 versus the City Of Philadelphia.

(Welcome America, Inc. and Live Nation Worldwide, Inc. were later added as defendants.)

“At all times relevant hereto, there was a dangerous and/or hazardous condition in the nature of an obstruction in the road put in place to cover wires/hoses on the premises of the defendant on the Benjamin Franklin Parkway, near The Oval,” the lawsuit states.

“On July 4, 2018, at approximately 7:40 a.m., plaintiff John Pagano III, was riding his bicycle on Benjamin Franklin Parkway near The Oval, when he struck the obstruction on the road covering wires/hoses and plaintiff sustained personal injuries.”

Subsequently, the suit says Pagano suffered a right clavicle fracture, traumatic pneumothorax, cuts, scrapes, bruises, injuries to his neck, back, right shoulder, right arm, abdomen, left shoulder and left arm, aches, pains, mental anxiety, anguish and nervous system shock, plus other injuries.

Pagano argues the City’s negligence was the proximate cause of his accident and injuries.

Through a new matter filed March 4, the City alleged it was immune from suit through the Political Subdivision Tort Claims Act and therefore, failed to state a cause of action upon which relief could be granted.

The plaintiff responded to the new matter on March 8, denying the new matter as conclusions of law and/or fact to which no specific answers are required by the applicable Pennsylvania Rules of Civil Procedure.

For negligence, the plaintiff is seeking damages in excess of $50,000, plus pre- and post-judgment interest, all other relief allowed by law, in addition to a trial by jury.

The plaintiff is represented by Raymond Tarnowski of Lundy Law, in Philadelphia.

The defendants are represented by Derek R. Kane of the City of Philadelphia’s Law Department, Francis J. Deasey and Frank P. Menaquale Jr. of Deasey Mahoney & Valentini, Robert D. MacMahon of Weber Gallagher Stapleton Simpson Fires & Newby, also all in Philadelphia.

Philadelphia County Court of Common Pleas case 190100871

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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