A local pedestrian's routine walk turned into a nightmare due to alleged negligence by a borough and a local business. Michael Manton filed a complaint in the Court of Common Pleas of Delaware County on March 13, 2023, against Media Borough, Pompei’s State Street Sandwiches, and Arnold Pompei. The lawsuit stems from an incident where Manton tripped over a tree stump left protruding from the sidewalk outside the defendants' premises.
According to the complaint, Michael Manton accuses Media Borough and Pompei’s State Street Sandwiches of negligence for failing to properly remove or grind down a tree stump that was left sticking out above the sidewalk level at 301 W. State Street in Media, Pennsylvania. The incident occurred on April 3, 2023, when Manton was walking past the location and tripped over the stump, resulting in severe injuries. The lawsuit cites violations under 42 Pa. C.S.A. §8542 (b)(3), (4), and (7), which pertain to liability related to dangerous conditions on public property.
Manton's legal representation argues that the defendants were aware or should have been aware of the hazardous condition created by their incomplete tree removal operation between July 2019 and July 2021. "The Defendants created and knew or had constructive notice of the presence and existence of the aforesaid dangerous and defective condition," states the complaint. It further alleges multiple counts of negligence including failure to warn pedestrians about the hazard with signs or barricades, failure to maintain safe conditions for pedestrian traffic, and failure to inspect or repair the area adequately.
As a result of this accident, Manton claims he has suffered serious injuries including damage to his head, neck, arms, legs, nerves, as well as cosmetic disfigurement that may be permanent. He also asserts financial burdens due to medical expenses and loss of earnings capacity stemming from his inability to perform daily activities or work duties since the incident.
In seeking justice for his grievances, Michael Manton demands damages exceeding $50,000 from all defendants jointly and severally. He is also pursuing additional compensation for interest costs and attorney fees associated with this legal action.
Representing Michael Manton are attorneys Jeffrey I. Zimmerman, Jeffrey D. Schmidt, and Matthew A. Fleishman from Schmidt, Zimmerman & Fleishman law firm based in Jenkintown, PA. The case is being overseen by judges at Delaware County's Court of Common Pleas under Case ID NO.: CV2025002339