A 2009 Opinion of the PA Commonwealth Court reversed a Philadelphia County Decision in favor of a personal injury victim. A woman was crossing the street in Center City Philadelphia when she tripped and fell on a raised portion of the road. Various companies had performed construction work at the area of the accident. Unfortunately, the road was not leveled off after the project was completed.
The Pennsylvania personal injury victim suffered serious injuries to her leg. Her attorney settled her claims versus the companies that performed the work and went to a non-jury trial versus the City of Philadelphia. The trial judge ruled in favor of the pedestrian. The Appeals Court overturned this Decision since the street was a state highway. There was no written contract between the city and Penn DOT requiring Philadelphia to repair and maintain the roadway. Leiphart v. City of Philadelphia, 972 A.2d 939 (Pa. Cmwlth. 2009)
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