PREMISES LIABILITY. Hazardous Premises. DEFENDANTS VERDICT

• Pages: 22-23

The plaintiff alleged that the defendants were negli-

gent in failing to properly maintain the sidewalk, fail-

ing to warn of the dangerous condition, failing to

barricade or block off the dangerous condition, and

failing to make proper inspections and repairs to the

sidewalk. As a result of the fall, the plaintiff suffered a

fracture of a metacarpal, requiring open reduction

and internal fixation. The plaintiff maintained that she

has been left with a permanent disability of the hand,

as a result. The defendants denied that a dangerous

condition existed on the premises, and argued that

the elevation was trivial, and did not require repair or

constitute a dangerous condition. In addition, the de-

fendants maintained that the plaintiff was non-com-

pliant with her medical care, leading to any residual

injury claimed.

The jury found no negligence against the defendants.

REFERENCE

Debbie and Billie McAdams vs. Michael and Linda

Ma Chan. Case no. 121201416; Judge Karen

Shreeves Johns, 08-27-14.

Attorney for plaintiff: Jason Fine of Master,

Weinstein, Schatz & Moyer in Philadelphia, PA.

Attorney for defendant: Lauren R. Clein of Thomas,

Thomas & Hafer in Philadelphia, PA.

DEFENDANT’S VERDICT

Premises Liability – Negligent maintenance of

machine – Plaintiff slips on accumulated water

that leaked from a boiler defendants had recently

repaired – Failure to properly maintain and repair

boiler – Lumbar disc injuries requiring surgery –

Radiculopathy

Philadelphia County, PA

The plaintiff, in this negligence action, was at her

place of employment when she slipped and fell in

a puddle of water that had leaked from a boiler

that had recently been serviced by the defendant

maintenance company. The defendant denied

being negligent, and that the plaintiff’s injuries

were causally related to the fall.

On December 8, 2010, the female plaintiff was walk-

ing through the kitchen at her place of employment

when she slipped and fell on water that had accu-

mulated as a result of a leaking boiler. The defendant

company had been called to make repairs to the

boiler in November of 2010, and had performed re-

pairs and maintenance on the machine on Novem-

ber 19, 2010. The plaintiff alleged that the defendant

company was negligent in failing to adequately

maintain said machine, failing to warn of the danger-

ous condition of the machine, failing to fix the defec-

tive condition of the machine, and creating a

dangerous condition. The plaintiff maintained that af-

ter the fall, she was diagnosed with disc herniations

and/or bulges at L3-4, L4-5, L5-S1 requiring surgery,

and radicular symptoms in legs. The defendant de-

nied all liability and injury, and argued that they had

no notice of the condition as the boiler had been

functioning properly after the defendant repaired the

boiler in November of 2010.

The jury found no negligence against the defendant.

REFERENCE

Ambrey Miller vs. Precision Service Company. Case

no. 121200542; Judge Rosalyn Robinson, 08-21-14.

Attorney for plaintiff: Joseph Feliciani of Creedon

and Feliciani, P. C., in Norristown, PA. Attorney for

defendant: Harold Viletto of Weinraub & Miller in

Norristown, PA.

Hazardous Premises

DEFENDANTS VERDICT

Premises Liability – Hazardous Premises – While

standing in line to purchase baseball tickets,

plaintiff trips and falls over a cable – Creating a

hazardous and dangerous condition – Achilles

tendon tear – Lumbar sprain – Contusions and

abrasions

Philadelphia County, PA

In this premises liability action, the male plaintiff

alleged that both the defendant ballpark and the

defendant news company created a hazardous

condition by allowing a cable wire to be stretched

across a walkway where visitors were waiting in

line to buy baseball tickets. As a result of the wire,

the plaintiff tripped and fell, sustaining injuries.

Both defendants denied all allegations of

negligence, and denied that the plaintiff was hurt

in the incident.

On February 7, 2011, the male plaintiff went to the

defendant’s ballpark in the early morning hours to

stand in a line in order to purchase tickets for the up-

coming baseball season. While moving in the line,

the plaintiff tripped and fell over the defendant news

company’s cable that was stretched across the walk-

way where the line was formed. The plaintiff brought

negligence claims against both defendants, alleging

22 VERDICTS BY CATEGORY

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