Hartfield v. City of Philadelphia

$225,000 Verdict

Date of Verdict: Dec. 16, 2019.

Court and Case No.: C.P. Philadelphia No. 171200073.

Judge: Angelo J. Foglietta.

Type of Action: Premises liability.

Injuries: Hip fracture.

Plaintiffs Counsel: Anthony J. Comerota, Law Offices Of Todd B. Jacobs.

Plaintiffs Experts: Jaimo Ahn, orthopedic surgery, Philadelphia; Tamar Fleischer, life care planning; Bala Cynwyd.

Defense Counsel: William B. Shuey, City of Philadelphia Law Department, Philadelphia; Brad G. Kubisiak, Office of Attorney General; Philadelphia.

Defense Expert: Robert G. Richardson, traffic, Bethlehem.

Comment:

On April 30, 2017, plaintiff Allen Hartfield, 54, was riding a motor scooter. He was traveling west on Parkside Avenue, near its intersection at Belmont Avenue, in West Philadelphia. He fell off of his scooter, and he suffered a fracture of a hip.

Hartfield sued the roadway's owner, the city of Philadelphia; the roadway's maintainer, the Pennsylvania Department of Transportation; and two entities that were believed to have undertaken an excavation of the roadway, Comcast Cable Communications Management and Verizon Pennsylvania. The lawsuit alleged that the defendants negligently created a dangerous condition that caused Hartfield's accident.

Comcast Cable Communications Management and Verizon Pennsylvania were dismissed, and the matter proceeded to a trial against the city of Philadelphia and the Pennsylvania Department of Transportation.

Hartfield claimed that he was ejected from his scooter after it encountered a ditch. The ditch, 2 to 3 inches deep, spanned the entire width of the roadway. According to Hartfield's counsel, city employees created the condition on April 28, 2017, as part of an asphalt-adjustment project, and the city workers left the condition as is, until finally repaving it May 1, 2017, the day after Hartfield's accident.

Hartfield's counsel contended that, though there were traffic-control cones in the eastbound lane of Parkside Avenue, there were no cones in the westbound lane, Hartfield's lane of travel. City workers had placed an insufficient number of traffic-control cones in the area of the excavation, Hartfield's counsel asserted.

The city's counsel invoked immunity under the Tort Claims Act. In a report, the city's traffic-engineering expert opined that the depression was de minimis, as it was less than or equal to 2 inches, and therefore the city had no duty to remedy it or create a special warning.

The Pennsylvania Department of Transportation's counsel maintained that the section of roadway was being overseen by the city at the time of the accident.

Hartfield suffered a comminuted fracture of the right acetabulum, which is the rounded pelvic cavity that receives the head of the right leg's femur.

Hartfield was taken by ambulance to a hospital, where he underwent open reduction and internal fixation, in which a plate and 10 screws were implanted. On May 8, 2017, eight days after the accident, Hartfield was transferred to a rehabilitation facility and was treated on an inpatient basis for 26 days. Upon discharge, Hartfield underwent six months of physical therapy. He received no further treatment.

Hartfield's treating orthopedist opined, in a report, that Hartfield developed post-traumatic arthritis as a result of the accident, and that the condition will progress to the point at which Hartfield will need a total right hip reconstruction.

Hartfield contended that he walks with an antalgic gait that requires him to use a cane occasionally. He claimed that he has difficulty getting around and that he is unable to stand for long periods. He sought to recover approximately $90,000 in future medical costs, plus damages for past and future pain and suffering.

Hartfield's counsel and the city of Philadelphia negotiated a pretrial settlement. The city agreed to pay $225,000, from a policy that provided $500,000 of coverage. The Department of Transportation did not contribute to the settlement. This report is based on information that was provided by plaintiffs counsel. Counsel of the city of Philadelphia and the Pennsylvania Department of Transportation did not respond to the reporter's phone calls, and the remaining defendants' counsel were not asked to contribute.

—This report first appeared in VerdictSearch, an ALM publication