Friday, March 27, 2015

Punitive Damages Claim Allowed to Proceed in Lackawanna County Trip and Fall Case

In a recent Order issued by Senior Visiting Judge John Braxton in the case of O'Malley v. Comet Realty Partnership, 2014 CV 5109  (C.P. Lacka. Co. March 11, 2015 Braxton, S.J.), the court denied a Defendant's Preliminary Objections filed in a slip and fall case.

According to information secured on the case, the Plaintiff, as a business invitee,was walking on the sidewalk in the Abington Professional Plaza center in Clarks Summit, Pennsylvania, and was intending on entering a medical lab located in the plaza for a medical procedure.  

While walking on the sidewalk the Plaintiff's foot allegedly became lodged in a crack in the sidewalk, allegedly causing her to twist her left ankle, lose her balance, and land on her right knee.
The Plaintiff averred that the Defendant was allegedly admittedly aware of the condition over the several months leading up to the accident but nevertheless allowed the condition to remain while allegedly waiting for better weather to fix the condition.
The Plaintiff filed suit alleging negligence and punitive damages. The Defendant filed Preliminary Objections to the claim for punitive damages.  As stated, the Plaintiff prevailed after oral argument was held in front of the Judge Braxton.  The Court's decision was by simple Order only.

Anyone desiring a copy of the Court's Order may contact me at
I send thanks to the prevailing Plaintiff's attorneys, Jason J. Mattioli and Thomas W. Munley, both of the Scranton law firm of Minora, Minora, Colbassani, Krowiak, Mattioli & Munley for bringing this case to my attention.

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