MEDIA – A Swarthmore woman says her young son was severely cut by broken glass at her apartment complex, and that both it and its real estate company are mutually negligent in causing that event.
Ziquan Mao (a minor by his parents and natural guardian, Jing Zhao) and Jing Zhao in her own right of Swarthmore filed suit in the Delaware County Court of Common Pleas on May 19 versus Swarthmore Apartments Associates, L.P. and Media Real Estate, both of Media.
“On or about April 29, 2018, at or about 10:40 a.m., the minor plaintiff, Ziquan Mao, was lawfully exiting the defendants’ apartments at 111 S. Chester Road, Swarthmore, Pa., when due to the negligence and carelessness of the defendants, Swarthmore Apartments Associates, L.P. & Media Real Estate, acting through its agents, servants, workmen, and/or employees, when he pushed the main unit door and the glass broke causing the minor plaintiff to sustain serious and permanent injuries,” the suit says.
“As a result of the aforesaid, the minor plaintiff, Ziquan Mao, sustained the following serious injuries: Laceration of the right forearm requiring 21 stitches; together with various other injuries, the exact extent of which are unknown at this time; shock and injury to his nerves, emotional and nervous system, which injuries are of a permanent nature with permanent disabilities and loss of function.”
The suit continues that as a further result of the defendants’ negligence, the minor plaintiff Ziquan Mao, has in the past and may in the future experience great physical, mental and emotional pain and suffering and other non-economic losses.
“The aforementioned negligence of the defendants consisted of the following: Negligent installation and maintenance of glass panes on the front entrance/exit door; Failing to warn tenants of the dangerous condition of said front entrance/exit door; Failing to warn the minor plaintiff of the dangerous condition of which it had, or could and should have knowledge or notice of in time to have remedied same; Maintaining a dangerous condition upon the premises; Failing to anticipate the hazard to which the minor plaintiff was exposed; Failure to use shatterproof glass on the front entrance/exit door; Failure to use plexiglass or some non-breakable alternative on the front entrance/exit doors; Violating Boca Code Section 50.24,” the suit states.
“The plaintiff Jing Zhao avers that at all times aforesaid, she was the mother of the minor plaintiff and has been supporting the minor plaintiff, and that as such, as a result of the aforesaid. Plaintiff Jing Zhao has in the past and may and probably will in the future be obliged to lay out, expend or incur divers expenses, monies, bills or losses in the effort to have the said minor treated for the injuries sustained; and has been and probably will be deprived of said minor’s services and earnings.”
For multiple counts of negligence, the plaintiffs are seeking damages in excess of the arbitration limits.
The plaintiff is represented by David S. Berman of Matkoff Shengold Burke Blyweiss & Arbitter, in Philadelphia.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2022-003517
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com