ALLENTOWN – Litigation from a New Jersey woman who alleged a host of bodily injuries when she slipped and fell on a sidewalk patch of ice while walking to her rented room at a local Red Roof Inn one year ago, is headed to arbitration.
Lenora Romano of Piscataway, N.J. initially filed suit in the Lehigh County Court of Common Pleas on Jan. 5 versus Red Roof Inn – Allentown Airport, in Allentown.
“On the evening of Feb. 10, 2021, plaintiff was lawfully on the defendant’s property when she slipped and fell on untreated ice that was present on the property. More specifically, the untreated ice at issue was present on the sidewalk of the hotel, which plaintiff needed to traverse to get to her rented room. In so doing, plaintiff fell and landed on her right shoulder. The untreated ice created a hazard for plaintiff,” the suit said.
“Plaintiff immediately reported the incident to the hotel staff, who wrote a report. Plaintiff also called emergency medical services and was transported for medical attention. Plaintiff was transported to Lehigh Valley Health Network – Muhlenberg, where she received treatment. ”
The suit said the plaintiff suffered a number of injuries, including but not limited to, a closed three-part fracture of her proximal right end humerus, right shoulder pain, cervical spine pain, thoracic spine pain, head pain, dizziness, parathesis to fingers, hip pain and other injuries to be identified up until the time of trial.
According to the suit, the defendant failed to properly maintain its premises and remove the ice from the sidewalk, which was the proximate cause of the incident.
The case was removed to the U.S. District Court for the Eastern District of Pennsylvania in Allentown on Feb. 15, on the bases of diversity of citizenship between the parties and contested damages – and the defendant further issued an accompanying answer to the case that same day, which denied the plaintiff’s contentions.
In additional new matter, the defendant alleged that the plaintiff had failed to state a claim upon which relief could be granted.
“Under all circumstances, the complaint fails to state a claim upon which relief can be granted as against defendant. Defendant denies that they were guilty of any negligence or carelessness which was the proximate or direct cause of the alleged damages or injuries sustained by plaintiff. Any injuries or damages caused to or sustained by plaintiff were proximately or directly caused by the negligence or carelessness of persons or entities other than defendant, and over whom defendant exercised or had no control, nor the duty to control. Any negligence or carelessness found to be attributable to defendant, which negligence or carelessness is denied, is offset by the greater comparative or contributory negligence on the part of plaintiff, or of other third persons or entities, both named and unnamed,” per the answer, in part.
“Defendant breached no duty which may have been owed to plaintiff. Plaintiff’s claims are barred in whole or in part by the applicable statute(s) of limitations. Plaintiff assumed the risk of his injuries which limits and/or bars all claims asserted by plaintiff. Plaintiff’s claims are barred in whole and/or in part by the applicable provisions of the Pennsylvania Comparative Negligence Act. Plaintiff was contributively negligent and such negligence constituted more than 50 percent of all causes leading to the alleged incident. Thus, plaintiff is not entitled to any relief as claimed herein.”
UPDATE
Subsequent to a conference among the parties, a judicial order from U.S. District Court for the Eastern District of Pennsylvania Judge Edward G. Smith resulted in the action being sent to arbitration.
“After a telephonic initial pretrial conference with counsel for the parties and counsel for the parties having confirmed that the court should refer this case for the scheduling of an arbitration hearing; accordingly, it is hereby ordered that this case is referred to arbitration. All discovery shall be completed by the date of the arbitration hearing. The arbitration clerk is directed to schedule an arbitration hearing at the convenience of the Court,” Smith said.
“This case is referred to U.S. Magistrate Judge Elizabeth T. Hey for a settlement conference. The settlement conference will be held on June 7, 2022 at 9:30 a.m., before Magistrate Judge Hey.”
For a lone count of negligence, the plaintiff is seeking damages in excess of the amount requiring compulsory arbitration thereof, plus all costs and other relief the Court deems just.
The plaintiff is represented by Matthew Slocum of The Slocum Firm, in Scranton.
The defendant is represented by Anthony P. Trozzolillo of Chartwell Law Firm, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:22-cv-00588
Lehigh County Court of Common Pleas case 2022-C-0032
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com