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Plaintiff alleges neighbors' negligence led to injury

PENNSYLVANIA RECORD

Saturday, November 23, 2024

Plaintiff alleges neighbors' negligence led to injury

State Court
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Linda A. Cartisano, President Judge at Delaware County Court of Common Pleas | https://delcopa.gov/courts/judges/photos/cartisano.jpg

Debbie Delakis has taken legal action against her neighbors, accusing them of negligence that led to her injury. On October 23, 2024, Delakis filed a complaint in the Court of Common Pleas of Delaware County against Leo Morgan and Linda Morgan, along with two unidentified individuals referred to as John Doe I and John Doe II. The lawsuit stems from an incident on October 30, 2022, where Delakis alleges she was injured due to a hazardous condition on the Morgans' property.

According to the complaint filed by attorney Gerald B. Baldino Jr., representing Debbie Delakis, the defendants own and manage the premises at 15 Sandy Bank Road in Media, Pennsylvania. The lawsuit claims that while walking on the sidewalk adjacent to this property, Delakis lost her footing because of an elevated portion of concrete that constituted a dangerous condition. She asserts that this defect was known or should have been known by the defendants and their agents responsible for maintaining the walkway.

The complaint accuses Leo and Linda Morgan, along with the unnamed defendants, of failing in their duty to maintain safe conditions on their property. It alleges multiple counts of negligence including failure to inspect and repair the defective walkway, failure to warn about its dangers, and violation of municipal codes such as the International Property Maintenance Code. As a result of these alleged failures, Delakis suffered significant injuries including dislocation of her right small finger and abrasions on her body which have caused her ongoing pain and suffering.

Delakis is seeking judgment against all defendants for damages exceeding $50,000. This amount surpasses the compulsory arbitration limit set by the court. She argues that due to her injuries she has incurred medical expenses and income loss while also experiencing a permanent impairment affecting her quality of life and earning capacity.

The case highlights important legal questions regarding property owner responsibilities and public safety standards for walkways accessible to pedestrians. As it progresses through the judicial system in Delaware County's Court of Common Pleas under Docket No., it will be closely watched for its implications on similar cases involving premises liability.

Representing Debbie Delakis is attorney Gerald B. Baldino Jr., while no specific attorneys are mentioned for Leo Morgan or Linda Morgan at this stage. The case will be presided over by judges from Delaware County's Court of Common Pleas with further proceedings yet to be scheduled. The case ID is: CV2024009297

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