The owner of the Ramada in Pottsville is partly responsible for the injuries suffered by a New York man in a fall on a neighboring sidewalk in November 2013, a Schuylkill County jury ruled Wednesday.
After deliberating approximately two hours, the jury of six men and six women awarded $650,000 in damages to John A. and Nancy Centra, Manlius, New York.
Jurors also ruled DNGP Enterprises Inc. is 35 percent responsible for the Centras’ injuries and losses, while contractor Charles Pretti, Seltzer, also is 35 percent responsible and the city is 30 percent responsible, meaning DNGP and Pretti each are liable for $227,500, while the city is liable for $195,000. However, the Centras had settled with Pretti and the city before trial.
“Mr. and Mrs. Centra are very nice people and I was glad we could help them,” Albert J. Evans, Pottsville, their lawyer, said after the verdict, which ended the three-day trial over which President Judge William E. Baldwin presided.
The Centras filed the lawsuit on Aug. 13, 2014, alleging all three defendants were responsible for John Centra tripping and falling over a lamppost base on the sidewalk north of the hotel. During his testimony, Pretti admitted removing the lamppost.
Centra said he suffered a broken shoulder, a black eye and other injuries, and required care not only for himself, but also for his wife, who had had a stroke in April 2010 and for whom he had cared.
In his closing argument, Joseph Pulcini, Allentown, DNGP’s lawyer, did not dispute that John Centra suffered injuries but said the hotel was not responsible for what occurred.
“This is not the Ramada’s sidewalk,” he said. “It is the city’s sidewalk. It occurred on city property.”
Furthermore, according to Pulcini, the city controlled the power to the light.
Pulcini also blamed Pretti for Centra’s injuries, saying he took down the lamppost.
“Mr. Pretti was the person who took this post down,” he said. “We proved that Mr. Pretti was responsible for this.”
In his closing argument, Evans said state law makes the hotel responsible for adjoining sidewalks. He emphasized that the hotel put up a sign directing people to use the entrance near the exposed lamppost base.
“They’ve got a duty to protect their guests,” he said. “(Guests are) not familiar with the property. The law does not require you to own the property.”
Evans said the Centras had out-of-pocket expenses of almost $68,000 and also suffered far more for pain and other losses.
Pulcini had no comment after the verdict, while Evans thanked juriors for what they did.
“I want to thank the jury for being so attentive and taking the time out of their busy schedule to decide the matter,” he said. “I appreciate their hard work.”