MEDIA – A Delaware County man has filed litigation against the owners and operators of the condominium complex where his late mother lived, alleging a fall she suffered on their property caused injuries whose repairs later led to her death.
Gary L. Essaf Jr. (individually and as administrator of the Estate of Kathleen Essaf, deceased) of Broomall filed suit in the Delaware County Court of Common Pleas on Feb. 4 versus Danella Realty and Management Company, Inc. and Hilltop Condominium Association II, both of Blue Bell.
“On April 27, 2020, the premises at 5200 Hilltop Drive, Apartment I-18 Brookhaven, PA 19015 was owned by plaintiff’s decedent, Kathleen Essaf, and was located in the subject condominium complex. On April 27, 2020, plaintiff’s decedent, Kathleen Essaf, was lawfully traversing a common area of defendant’s property. Specifically, plaintiff was traversing a strip of glass located between Dogwood Lane and Park Lane,” the suit states.
“At that time, plaintiff was suddenly and without any warning caused to trip/slip and fall due to a dangerous and/or defective condition, which existed of and about the ground, namely a significantly deep hole in the grassy common area of the subject condominium complex, which was concealed by long grass, thereby causing plaintiff’s foot to fall into the hole and causing plaintiff to injure her lower leg and foot, and then fall and impact the ground, causing her to sustain serious and permanent injuries.”
The suit says that the injuries to the decedent were caused as the result of the combined negligence of the defendants, and were not caused by any act or failure to act on the part of the decedent.
“As a result of the aforementioned incident, plaintiff’s decedent was caused to sustain serious and permanent injuries in, on and about her person, including but not limited, to injuries to her foot and ankle which caused her a great deal of embarrassment, humiliation, pain, suffering, agony and inconvenience, which is permanent in nature and character,” per the suit.
“As a result of the aforementioned incident and resulting injuries, plaintiff’s decedent, was caused to suffer serious complications, specifically but not limited to, a pulmonary embolism and death in connection with the required surgery performed on her ankle, in an effort to heat and owe herself of these injuries.”
For counts of negligence, survival and wrongful death, the plaintiff is seeking, jointly and/or severally, damages in excess of $50,000 and in excess of the prevailing limits of arbitration, plus interest, costs and delay damages and a trial by jury.
The plaintiff is represented by Justin M. Bernstein of Kenneth R. Schuster & Associates, in Media.
The defendants have not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2021-001358
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com