verdicts and settlements
()

Date of Verdict:

Aug. 31.

Court and Case No.:

C.P. Philadelphia No. 140600495.

Judge:

Ellen H. Ceisler.

Type of Action:

Premises liability, slip-and-fall.

Injuries:

Fracture to ankle.

Plaintiffs Counsel:

Michael L. Daiello; Law Office of Parks & Associates, Philadelphia.

Defense Counsel:

Lawrence M. Agunsday; LMA Legal, Philadelphia.

Plaintiffs Expert: Dr. Marc Zimmerman, Orthopedic Surgery, Philadelphia.

Comment:

A jury awarded a man $2,729 after he slipped and fell on ice on a sidewalk in South Philadelphia and fractured his ankle.

On Feb. 19, 2014, plaintiff Andre Murray, in his late 40s, slipped and fell on the sidewalk in the 1300 block of South Carlisle St., in the Newbold neighborhood of South Philadelphia. He claimed that he slipped on snow and ice, resulting in a fractured right ankle.

Within days Murray presented to a hospital where an X-ray showed a fracture of the right ankle. In the ensuing weeks, he remained non-weight-bearing and consulted with an orthopedic surgeon. He eventually treated with a few months of physical therapy (e.g., exercises). No further treatment was rendered, and he sought to recover $2,729 in past medical costs.

Murray sued property owners Dominic Tripodi (who was later dismissed, after having been deceased) and Josephine Tripodi, alleging that they were negligent in maintaining the sidewalk. Tripodi was found in favor of during a court-mandated arbitration, which Murray appealed.

At trial, Murray and a resident, who lived across the street from the Tripodis, testified that the sidewalk was covered with snow and ice. The accumulation was the result of a snowstorm a few days earlier. Murray’s counsel faulted Tripodi for failing to remediate the days’ old snow and ice.

Tripodi’s counsel maintained that there was an assumption of risk, since Murray could have easily taken a safer route, such as the street or the parallel sidewalk, both of which had been cleared of snow and ice. Murray’s neighbor corroborated that the areas had been cleared. Moreover, the condition of the sidewalk was open and obvious, Tripodi’s counsel argued.

Murray testified that he continues to experience ankle pain and discomfort, especially when dancing. He sought damages for past and future pain and suffering.

Tripodi did not dispute Murray’s injuries and treatment.

This report is based on information that was provided by defense counsel. The plaintiff’s attorney, Michael L. Daiello of Law Office of Parks & Associates, did not respond to the reporter’s phone call.

Date of Verdict:

Aug. 31.

Court and Case No.:

C.P. Philadelphia No. 140600495.

Judge:

Ellen H. Ceisler.

Type of Action:

Premises liability, slip-and-fall.

Injuries:

Fracture to ankle.

Plaintiffs Counsel:

Michael L. Daiello; Law Office of Parks & Associates, Philadelphia.

Defense Counsel:

Lawrence M. Agunsday; LMA Legal, Philadelphia.

Plaintiffs Expert: Dr. Marc Zimmerman, Orthopedic Surgery, Philadelphia.

Comment:

A jury awarded a man $2,729 after he slipped and fell on ice on a sidewalk in South Philadelphia and fractured his ankle.

On Feb. 19, 2014, plaintiff Andre Murray, in his late 40s, slipped and fell on the sidewalk in the 1300 block of South Carlisle St., in the Newbold neighborhood of South Philadelphia. He claimed that he slipped on snow and ice, resulting in a fractured right ankle.

Within days Murray presented to a hospital where an X-ray showed a fracture of the right ankle. In the ensuing weeks, he remained non-weight-bearing and consulted with an orthopedic surgeon. He eventually treated with a few months of physical therapy (e.g., exercises). No further treatment was rendered, and he sought to recover $2,729 in past medical costs.

Murray sued property owners Dominic Tripodi (who was later dismissed, after having been deceased) and Josephine Tripodi, alleging that they were negligent in maintaining the sidewalk. Tripodi was found in favor of during a court-mandated arbitration, which Murray appealed.

At trial, Murray and a resident, who lived across the street from the Tripodis, testified that the sidewalk was covered with snow and ice. The accumulation was the result of a snowstorm a few days earlier. Murray’s counsel faulted Tripodi for failing to remediate the days’ old snow and ice.

Tripodi’s counsel maintained that there was an assumption of risk, since Murray could have easily taken a safer route, such as the street or the parallel sidewalk, both of which had been cleared of snow and ice. Murray’s neighbor corroborated that the areas had been cleared. Moreover, the condition of the sidewalk was open and obvious, Tripodi’s counsel argued.

Murray testified that he continues to experience ankle pain and discomfort, especially when dancing. He sought damages for past and future pain and suffering.

Tripodi did not dispute Murray’s injuries and treatment.

This report is based on information that was provided by defense counsel. The plaintiff’s attorney, Michael L. Daiello of Law Office of Parks & Associates, did not respond to the reporter’s phone call.