PHILADELPHIA – A local woman claims she suffered extensive knee and back injuries when she slipped and fell on a section of walkway in the lot of a UPS building in Philadelphia last year.
Rhonda Bingham initially filed suit in the Philadelphia County Court of Common Pleas on Dec. 27 versus United Parcel Service, Inc. Both parties are of Philadelphia.
“On Jan. 15, 2021, shortly after midnight, plaintiff Rhonda Bingham was leaving the premises, having concluded her shift working for Allied Universal as a security guard, and was attempting to exit the above referenced premises by walking on the sidewalk in the defendant’s lot near the west gate of the premises, when she was caused to trip, stumble and fall on an unexpected, unlit, and/or camouflaged change in elevation on the designated walkway, resulting in serious injury,” the suit says.
“On the aforesaid date, the defendant, by and through its agents, servants, workmen and/or employees, owned, managed, possessed, controlled, maintained and supervised the premises where the incident hereinafter described occurred, and the defendant knew, and/or should have known, of the existence of the hazardous condition of the premises described herein.”
According to the plaintiff, defendant UPS “knew, and/or had reason to know, that business invitee pedestrians would be walking on designated sidewalks/walkways of the walking surface of the said premises.”
“Plaintiff Rhonda Bingham suffered severe and permanent injuries, including but not limited to: Right knee medial meniscus tear, right knee lateral meniscus tear; right knee sprain; right knee contusion; right knee pain; sprain of lumbar ligaments; low back pain and injury; exacerbation and aggravation of bilateral knee osteoarthritis which may require total knee replacement; nervous shock and aggravation and/or exacerbation of all known and unknown preexisting medical conditions,” the suit states.
“Plaintiff Rhonda Bingham suffered internal injuries of an unknown nature; she suffered severe aches pains, mental anxiety and anguish, and a severe shock to her entire nervous system, and other injuries the full extent of which are not yet known. She was caused to undergo medical treatment due to these injuries, aggravations and/or exacerbations. She has in the past and will in the future undergo severe pain and suffering and will in the future be unable to attend to her usual duties and occupations, all to her great financial detriment and loss. Plaintiff Rhonda Bingham believes and therefore avers that her injuries are permanent in nature.”
After removing the case to federal court on Feb. 4, UPS answered the complaint on Feb. 11 and argued that the plaintiff failed to state a claim upon which relief could be granted.
“Answering defendant incorporates by reference its answers to Paragraphs 1 through 19 of the complaint as though the same were set forth at length herein. Plaintiff has failed to state a claim upon which relief can be granted. Answering defendant did not owe or breach a duty owed to plaintiff. No conduct or omission on the part of answering defendant caused or contributed to plaintiff’s alleged injuries or damages,” per the answer, in part.
“The nature, existence, origin, causation, amount or extent of damages and losses claimed by plaintiff are in dispute and answering defendant demands proof of same by plaintiff as required under law. Plaintiff’s alleged injuries or damages were the result of intervening, superseding acts of negligence of a person or persons outside the control of answering defendant. Plaintiff’s claims are barred or otherwise limited by the application of the doctrine of assumption of the risk, express or implied. Plaintiff’s alleged injuries or damages are barred, or should be reduced, by the doctrine of comparative negligence, specifically as set forth in Pennsylvania’s comparative negligence statute.”
For a lone count of negligence, the plaintiff is seeking damages in excess of $50,000, plus costs.
The plaintiff is represented by Jeffrey R. Lessin of Jeffrey R. Lessin & Associates, in Philadelphia.
The defendant is represented by John P. Lock of Lock Gordon Law Group, in Newtown Square.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-00470
Philadelphia County Court of Common Pleas case 211201792
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com