PHILADLEPHIA – Counsel for an Oregon safety director who fell into a five-foot-deep road construction hole below Interstate 95 in Philadelphia and was severely injured, is now seeking default judgment against the professional and governmental defendant entities.
David Schooley of Sweet Home, Ore. First filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Sept. 12 versus Environmental and Infrastructure Group, LLC of Bristol, the Commonwealth of Pennsylvania and the Pennsylvania Department of Transportation of Harrisburg, and the City of Philadelphia and James J. Anderson Construction Company, Inc., of Philadelphia.
Schooley was employed by Iovino Enterprises as a safety director, and defendants owned the construction site property located below Interstate 95, east of Salmon Street, south of East Cambria Street, and north of E. Somerset Street in Philadelphia. It was located on the land beneath and between Exit 23 (Girard/Delaware) and Exit 25 (Allegheny/Castor).
“On Aug. 6, 2019, plaintiff was lawfully working at, on, and/or near the property. There existed on the property a hole approximately 5 feet deep which was covered by a piece of plywood,” the suit states.
“The piece of plywood covering the large hole was deteriorating, dilapidated, flimsy, weak, and of insufficient strength to provide safe and adequate coverage of the hole, thus rendering the property dangerous, hazardous, and unsafe.”
That day, Schooley was in the midst of his duties as a safety director for Iovino Enterprises, when he stepped on the piece of plywood. It broke and caused Schooley to fall into the concealed hole.
“Plaintiff suffered severe, disabling, and permanent injuries including but not limited to: Comminuted displaced fractures involving the 3rd, 4th, and 5th metatarsals of the left foot, left foot sural nerve neuritis, antalgic gait, together with excruciating physical pain, emotional anguish, a severe shock to his entire nervous system, and other secondary problems and complications.”
UPDATE
After being served with the suit and filing no response, Schooley now seeks default judgment against the defendants.
“Defendants were served on Oct. 28, 2020 with a copy of the summons and first amended complaint,” counsel for Schooley said in a Nov. 22 motion.
“Defendants Environmental and Infrastructure Group, LLC, Commonwealth of Pennsylvania, Pennsylvania Department of Transportation and City of Philadelphia, have failed to appear, plead, or otherwise defend within the time allowed and, therefore, are now in default.”
For five counts of negligence, the plaintiff is seeking damages in excess of $75,000, plus costs, interest and other relief as this Court deems to be proper and just.
The plaintiff is represented by Thomas More Holland and Kelly A. Trewella of the Law Offices of Thomas More Holland, in Philadelphia.
The defendants are represented by Sue Ann Unger of the Pennsylvania Attorney General’s Office, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-04410
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com