MEDIA – A homeowner asserts that she is not liable for head and spinal injuries a Delaware County woman suffered when her living room ceiling collapsed and landed on top of the plaintiff.
Makoya Dolley of Clifton Heights first filed suit in the Delaware County Court of Common Pleas on Jan. 21 versus Cynthia Long, of Wallingford.
“On or about March 30, 2019, plaintiff, Makoya Dolley, was an invitee, licensee and/or otherwise legally on defendant’s premises, when, as a result of the negligence and/or carelessness of the defendants, the plaintiff was eating in the living room when the ceiling collapsed. As a result of this accident, the plaintiff suffered severe and permanent bodily injury,” the suit stated.
The plaintiff alleged that the defendant failed to properly design, construct, maintain, and/or repair the premises, ceilings, walls, roofs and/or borders over which invitees, licensees and/or others are likely to travel rendering the premises unsafe, and failed to inspect, maintain and/or repair known and/or unknown defects, among other actions sounding in negligence.
“As a direct result of the negligent and/or careless conduct of defendant, the plaintiff suffered various serious and permanent personal injuries, serious impairment of body function and/or permanent serious disfigurement, and/or aggravation of pre-existing conditions, including, but not limited to: Multi-level cervical disc protrusions, cervical radiculopathy, cervical sprain and strain, lumbar disc protrusion at L5-S1, multi-level lumbar disc bulges, lumbar radiculopathy, lumbar sprain and strain, thoracic sprain and strain, post-traumatic headaches and any other ills and injuries,” per the suit.
“As a result of these injuries, all of which are to plaintiff’s great financial detriment and loss, plaintiff has in the past, is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time.”
UPDATE
Counsel for Long filed an answer to the suit along with new matter on Feb. 17, asserting the plaintiff is without knowledge or information sufficient to form a belief as to the allegations in question, denying them and demanding strict proof at the time of trial.
“Answering defendant asserts that no hazardous, defective or dangerous condition existed on her premises at or around the tune of the alleged incident; and that, at all times relevant hereto, answering defendant’s property was properly maintained. Answering defendant asserts that if said incident occurred, it occurred as a result of the negligence and carelessness of the plaintiff,” the new matter said, in part.
“Answering defendant asserts that the plaintiff, failed to use ordinary care under the circumstances to prevent or avoid the injuries alleged, and that plaintiff‘s own negligence created an unreasonable risk of harm. Answering defendant asserts that any defect which may have existed was a trivial defect and does not give rise to liability.”
The defendant further asserted defenses including the expiration of the applicable statute of limitations, that the plaintiff assumed the risk of her conduct and that the alleged incident took place in an area not under her care, custody and control.
For a count of negligence, the plaintiff is seeking damages not in excess of $50,000, plus all reasonable costs and any other relief the court deems necessary.
The plaintiff is represented by Marc F. Greenfield of Spear Greenfield Richman Weitz & Taggart, in Philadelphia.
The defendant is represented by James A. Godin of Palmer & Barr, in Willow Grove.
Delaware County Court of Common Pleas case CV-2021-000660
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com