Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Royal v. Galman Stonebridge, LLC

Superior Court of Delaware

July 16, 2018

LAKISHA P. ROYAL, Plaintiff,
v.
GALMAN STONEBRIDGE, LLC d/b/a SOPHIA'S PLACE EAST, GALMAN STONEBRIDGE 2015, L.P, THE GALMAN GROUP, GALMAN GROUP, LTD., and GALMAN GROUP MANAGEMENT-PHILADELPHIA, LLC, Defendants

          Submitted: June 5, 2018

          Upon Defendants' Motion for Judgment on the Pleadings: DENIED.

          Benjamin A. Schwartz, Esquire, Schwartz & Schwartz, 1140 South State Street, Dover, Delaware 19901; and Richard K. Washington, Jr., Esquire (pro hac vice) (argued), Washington & Washington, P.C., 1650 Market Street, Suite 3600, Philadelphia, Pennsylvania, Attorneys for Plaintiff.

          Joseph J. Bellew, Esquire (argued), Cozen O'Connor, 1201 North Market Street, 10th Floor, Wilmington, Delaware, Attorney for Defendants.

          OPINION

          Jan R. Jurden, President Judge

          I. INTRODUCTION

         Before the Court in this premises liability case is Defendants Galman Stonebridge, LLC d/b/a Sophia's Place East, Galman Stonebridge 2015, L.P., The Galman Group, Galman Group, Ltd., and Galman Group Management-Philadelphia, LLC's Motion for Judgment on the Pleadings.[1] For the reasons that follow, the Defendants' Motion is DENIED.

         II. BACKGROUND

         A. Facts

         The Defendants own Sophia's Place East Apartment Complex in New Castle, Delaware.[2] On November 6, 2015, Plaintiff Lakisha Royal, a United States Postal Service Worker, was delivering mail on the Defendants' property when she sustained injuries to her left ankle and left knee due to an uneven, broken, and cracked sidewalk.[3] On September 29, 2016, Royal slipped and fell in a bathroom at her home and suffered a non-displaced fracture of the left tibia shaft.[4] Royal alleges that she fell because she was trying to remain non-weight bearing on her previously injured left leg.[5]

          B. Procedural History

         According to Royal, the Defendants' negligence was the proximate cause of the injuries she sustained on November 6, 2015 and September 29, 2016.[6] Royal is seeking general and special damages for her injuries, medical expenses, and emotional harm.[7] On July 12, 2017, Royal commenced this premises liability action against Defendants Galman Stonebridge, LLC d/b/a Sophia's Place East, and Galman Stonebridge 2015, L.P.[8] On October 24, 2017, Royal filed a substantially similar complaint against Defendants The Galman Group, Galman Group Ltd., and Galman Group Management-Philadelphia, LLC.[9] The two matters were consolidated on February 20, 2018.[10] On March 19, 2018, the Defendants filed a motion for judgment on the pleadings pursuant to Superior Court Civil Rule 12(c).

         III. STANDARD OF REVIEW

         Pursuant to Superior Court Civil Rule 12(c), a party may move for a judgment on the pleadings, "[a]fter the pleadings are closed but within such time as not to delay the trial." The Court must accept all well-pled allegations in the complaint as true and construe all reasonable inferences in favor of the non-moving party.[11] A motion for judgment on the pleadings will be granted only where there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.[12]"Unresolved issues of fact as to the defendant's negligence, proximate cause, and the parties' respective degrees of negligence usually present questions of fact for the jury."[13]

         IV. DISCUSSION

         The Defendants argue they are entitled to judgment for the following reasons: (1) Defendants did not owe a duty to Royal at her personal residence; (2) Royal's September 29, 2016 injury was not foreseeable and thus a superseding cause of the Defendants' alleged negligence; and (3) Defendants' alleged November 6, 2015 negligence did not proximately cause Royal's September 29, 2016 injuries.[14] The Court finds the Defendants' first two arguments are misplaced but will address the third argument because the key issue here is whether a genuine ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.