PHILADELPHIA – A civil lawsuit from a fan alleging to have been severely injured at a Philadelphia Eagles game in 2016 when an intoxicated fellow fan passed out and fell on top of her was recently settled.
On March 11, counsel for defendant Nicholas Hummer filed a praecipe to mark the case as settled, discontinued and ended with prejudice. Terms of the settlement were not disclosed.
Helen Nicolosi and Alfred Nicolosi of Marlton, N.J. first filed suit in the Philadelphia County Court of Common Pleas on Feb. 28, 2018 versus Philadelphia Eagles, LLC, Eagles Stadium Operator, LLC and Aramark Sports and Entertainment, LLC, all of Philadelphia, plus Apex Security Group, Inc. of Northridge, Calif.
(Hummer of Boothwyn and Contemporary Services Corporation of Northridge, Calif. were later added as defendants in the complaint, which was amended nine times.)
On Nov. 28, 2016, Helen was a spectator at a Philadelphia Eagles game being played at Lincoln Financial Field, against the Green Bay Packers. During the game, Helen said a “severely unruly, loud and intoxicated patron” was continually served alcoholic beverages and permitted to remain on the premises, despite stumbling around the stands and acting in an offensive manner.
Subsequent to that, the plaintiff alleged the individual in question passed out and fell forward from a higher seating level above her and onto her head, neck and back, forcing her violently to the ground beneath her seat and causing further injury.
The plaintiffs alleged the defendants were collectively negligent for their failure to provide adequate security and supervision, failure to provide a safe environment for patrons and were otherwise careless and/or negligent in not removing the unruly and intoxicated patron in question.
Jason Banonis, counsel for Aramark Sports and Entertainment, LLC filed a motion for a sanctions against plaintiffs Helen and Alfred Nicolosi on Feb. 26, 2019. The motion sought to fine the plaintiffs $1,000 for repeatedly not providing Helen’s out-of-state medical records.
“Mrs. Nicolosi’s out-of-state records are relevant and important since Mrs. Nicolosi alleges serious and permanent personal injuries result from this accident resulting in inability to work, lost earnings and impairment of earning power,” the motion read, in part.
“Mrs. Nicolosi’s out-of-state records are relevant and important to a determination of the alleged injuries and limitations alleged in this matter. Mrs. Nicolosi’s ongoing failure to sign the authorizations has unfairly prejudiced the defendants’ ability to prepare a defense to plaintiffs’ claims.”
On April 29, 2019, counsel for Hummer filed a motion to compel authorization for those same medical records, indicating his defense would be severely prejudiced if that were not to occur.
Then, on July 18, 2019, Hummer filed a praecipe to defer the case, explaining he had also filed for bankruptcy in the United States Bankruptcy Court in the District Court of New Jersey the prior month – before the case later settled.
Prior to settlement and for counts of negligence and loss of consortium, the plaintiffs were seeking joint and several compensatory and punitive damages from each named defendant in excess of $50,000, and such other relief as the Court may deem necessary.
The plaintiffs are represented by Stephen A. Scheuerle of Hohn & Scheuerle, in Philadelphia.
The defendants are represented by Jason Banonis and Matthew J. Noble of Marshall Dennehey Warner Coleman & Goggin, John E. Tyrrell and Kelly J. Castafero of Ricci Tyrrell Johnson & Grey, plus Eamon Merrigan of Goldberg Miller & Rubin, all in Philadelphia.
Philadelphia County Court of Common Pleas case 180202918
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com