Philadelphia attorney Joseph L. Messa Jr. of Messa&Associates, P.C., represented Sam Agresta, who was injured in a slip and fall at the Springton Pointe Condominium Association, located in Newtown Square, Pennsylvania. On March 2, 2006, Mr. Agresta fell on the icy common area of the community property in front of his home.
The case was tried in the Philadelphia Court of Common Pleas, and on March 2, 2010, the jury awarded Agresta $954,000 against the defendants, Springton Pointe Condominium Association and the Wentworth Property Management Corporation. Springton Pointe was responsible for the common element sidewalk where Agresta fell and Wentworth was contracted by the Association to manage the townhome community.
Agresta had pre-existing spinal stenosis and the fall caused neurologic injury on top of his underlying degenerative condition. As a consequence from the trauma, with his underlying condition, Agresta under went a C3 to C7 cervical laminectomy with instrumented fusion.
There was no wage loss claim and the out-of-pocket medical bills totaled approximately $44,000. Agresta was found 10% negligent; Springton Pointe Condominium association was found 40% at fault while the Wentworth Property Corporation was found 50% at fault. Two other defendants settled out, one before the trial and one after the trial started. The total money with delay damages is approximately $1.1 million.