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Defense Verdict in Philadelphia County Trip and Fall Case
05/22/09
Contact
Daniel J. Rucket
(215) 575-4217
Rawle & Henderson Partner Daniel J. Rucket recently obtained a defense verdict after a six day jury trial in the Court of Common Pleas of Philadelphia County, Pennsylvania.
The lawsuit involved a claim by plaintiff that he was walking on 13th Street in Center City Philadelphia when he stepped into a one to two inch dip in an asphalt cold patch repair on the sidewalk, stumbled, and tripped when his foot caught a one to two inch height difference between the other side of the cold patch and the sidewalk. Plaintiff sustained a comminuted fracture of the radial head of his left elbow and subsequently underwent surgery to replace the radial head. All medical providers agreed that the injury was serious and could result in future loosening, revision of the repair, and arthritis. Plaintiff also claimed that he lost his job as a senior receivables clerk while he was recuperating and has been unable to find employment since. Plaintiff’s pretrial settlement demand was $350,000.
Mr. Rucket represented the plumber who performed a sewer repair on the sidewalk and adjacent street as well as the property owner under the contract for the work. The case was tried before the Honorable Greg Smith. The jury deliberated for three hours before returning a verdict in favor of all defendants.
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