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Philly lawyer wants to sue door-to-door energy co.’s for unfair price hikes

Posted on 02 October 2017 by Eduard Saakashvili

We’ve previously reported on energy companies that go door-to-door in West Philly to market PECO alternatives that allegedly save you money. Now, a Philadelphia law firm wants to take some of them to court, arguing that they deceive their customers by charging low rates in the first few months and then raising fees.

In August, the firm Kohn, Swift & Graf announced they are looking for customers to join a class action lawsuit. The firm specializes in class action, and they have already sued some of the companies involved in other states, like Just Energy in New York and Direct Energy in Illinois. In the latter case, KS&G argues that the Direct Energy is “luring consumers into switching energy suppliers with false promises.” The firm has previously reached a settlement with Pennsylvania Gas & Electric in a similar case.  Continue Reading

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Pizza delivery driver shot by police in 2014 in Cedar Park awarded $4.4 million

Posted on 06 January 2017 by Mike Lyons

The City of Philadelphia will pay $4.4 million to Philippe Holland, the pizza delivery driver who was shot several times in April 2014 in the Cedar Park neighborhood by two police officers who thought he was involved in a shooting.

Holland

         Philippe Holland

The settlement is the largest in the city’s history for a victim of a police shooting, according to the Philadelphia Inquirer.

“We will strive to ensure that tragedies such as this do not happen again in our City. The Philadelphia Police Department has agreed under the settlement to implement a new training protocol for all current and new plainclothes police officers,” City Solicitor Sozi Pedro Tulante said in a statement released today by the Mayor’s Office.

Holland had just delivered a pizza to a home near 51st and Willows at about 10 p.m. on April 22, 2014 when two plain-clothes officers, Mitchell Farrell and Kevin Hanvey, approached him with their guns drawn. Farrell and Hanvey were investigating a shooting in the area. Fearing a robbery, Holland ran to his car and tried to drive away. The officers opened fire, hitting Holland in the neck, head and leg while he was behind the wheel. Police regulations prohibit shooting at a moving vehicle.  Continue Reading

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Windermere Apartments fire victims get their money

Posted on 14 January 2016 by Mike Lyons

never-again

Protestors took to the streets in the days following the devastating 2011 fire at Windermere Court Apartments. Photos by West Philly Local).

Five years after a catastrophic fire destroyed the Windermere Court Apartments at 48th and Walnut, building tenants who participated in a class-action lawsuit have received their share of a $4.75 million settlement.

fireThe fire that broke out on Jan. 10, 2011 destroyed the 90-unit building and left its residents scrambling for housing. Many spent days protesting the building owner’s decision not to let them return to retrieve their belongings and pets that may have survived the blaze.

The cause of the fire is disputed. An expert determined on behalf of the tenants during a 2013 civil trial that the fire resulted from faulty smoke alarms and sprinklers. The building owners – David, Sam and Aron Ginsberg – settled the suit a few days into the 2014 trial for $4.75 million and the settlement was certified last January.

The tenants’ class-action attorney, Tom Marrone, said that the payouts were completed this week. Each tenant who signed onto the suit received an average of $25,000 after legal and other fees.

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Windermere fire victims reach multi-million-dollar settlement

Posted on 11 December 2014 by Mike Lyons

walnutstfire

Dozens of former residents of the Windermere Court apartments at 48th and Walnut, which burned down in early 2011, have scored a tentative multi-million-dollar victory in a class action lawsuit against the building’s owners.

The suit was filed soon after the devastating January 2011 fire and claimed that the building’s owners and management company failed to maintain smoke detectors, fire alarms and the four-story building’s sprinkler system. The suit was filed against owners David, Sam and Aron Ginsberg, all from New Jersey, and the management company that oversaw maintenance of the building.

The residents’ attorney, Thomas More Marrone, said in a statement that residents were in tears in the court hallways when they heard the news of the proposed $4.75 million settlement, which was reached three days after the civil trial began.Fire-address-300x225

Most of the residents fled the four-story building with very few possessions and were barred from re-entering their apartments, prompting weeks of protests following the fire. The building was demolished in April 2011.

Before the demolition, residents were told they could request belongings from their apartments, but they had to fit into two garbage bags.

The fire prompted an outpouring of support from West Philly residents, businesses and non-profits, many of whom organized fundraisers and collected clothing for the more than 100 displaced Windermere residents. Animal relief organizations also worked around the clock to help save many of the pets that didn’t make it out of the building.

Here is an interview days after the fire with one of the plaintiffs named in the case, J.B. Farley, on the quick demolition of the building.

Here is video of the fire:

Mike Lyons

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Family of 7-year-old drowning victim, Ja’Briel O’Connor, sues city

Posted on 13 December 2013 by Mike Lyons

The family of the 7-year-old West Philly boy who drowned this summer in a municipal pool is suing the City of Philadelphia and Families Forward Philadelphia, the agency in charge of the boy during a field trip to the pool.

Ja’Briel O’Connor died two days after he was pulled from the swimming pool at the Cobbs Creek Recreation Center (210 S. 63rd St.) on July 18. Lifeguards performed CPR on the boy and he was taken to Children’s Hospital. Ja’Briel lived with his family at a shelter for homeless families near the corner of Walnut and Melville streets run by Families Forward.

Four lifeguards were reportedly on duty at the pool when the drowning occurred, according to reports. Some 25 children were part of the summer camp group at the pool. Supervisors included four camp counselors and four lifeguards, according to reports.

The attorney for Ja’Briel’s family, Andrew Stern, told NBC Philadelphia that the boy’s death was a result of “clear inexcusable negligence.” The lawsuit, which was filed yesterday, also states that the family has attempted to settle the matter out of court, but to no avail. The suit also claims that the counselors were told before the trip to the school that Ja’briel could not swim.

Soon after his death, several neighbors rallied around Ja’Briel’s mother, Aisha Watson, and contributed money to offset funeral expenses and other costs.

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Windermere residents file class action suit against building owners

Posted on 15 February 2011 by Mike Lyons

windermereTwo residents of the Windermere Court Apartments have filed a class action lawsuit against the building’s owners and management.

The suit claims that the tenants of the building at 48th and Walnut suffered economic losses and emotional distress because of the “negiligence, carelessness and/or recklessness” of the building’s management company, Windermere Court Management Corp., and its owners, David and Sam Ginsberg. Specifically, the suit alleges that the building was not equipped with proper fire detection and suppression equipment – things like smoke alarms and sprinklers – and that the management failed to inspect the building regularly to ensure that it complied with fire codes.

The plaintiffs in the case are Theodore Schall, who lived in an apartment very close to where the Jan. 10 fire began, and John Brendan (J.B) Farley, who has been a key organizer of the recent protests to allow residents to enter the building to retrieve their pets and belongings.

All the residents of the building have been named int he lawsuit and it is their choice whether to opt out.

As the lawsuit was filed today, residents lined up at the building to be given garbage bags with belongings from the apartments. Each resident who arrived at the building today was asked to list the items they wanted from their apartment. The items had to fit in two large garbage bags. Residents were escorted one-by-one through a gate to claim their belongings.

The demolition of the building is set to begin tomorrow.

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