Pedestrian’s Verdict vs. Philadelphia Reversed as City Didn’t Own Street

Posted on: June 29th, 2012       Attorney Thomas Newell

A PA Commonwealth 2009 decision overturned a trial court decision which awarded damages to a Pennsylvania pedestrian accident victim.  Road construction had been performed on Chestnut Street in Philadelphia.  The work site was left with various height levels and a pedestrian tripped on a raised portion of the road.  She sustained a fractured patella which required two surgeries.  She also developed deep vein thrombosis.

The PA pedestrian accident attorney filed a lawsuit against the City of Philadelphia and the companies responsible for leaving Chestnut St. in a negligent condition.  The personal injury claims against the businesses settled.  She received a verdict against the City of Philadelphia whose lawyers filed an appeal.  Chestnut Street was actually owned by Pennsylvania – not the City.  Since PennDot was responsible to maintain Chestnut Street, the decision in favor of the PA pedestrian accident victim was overruled.  Leiphart v. City of Philadelphia, 972 A.2d 1239 (PA Cmwlth. 2009)