$1.4+ MM Verdict Wrongful Death and Survival Philadelphia County
August 09, 2023 at 16:20
The case of Jamilya Kasymalieva as Administratix of the Estate of Dastanbek Kasymaliev vs Samet Lomidze and I-Move LLC, filed in the Court of Common Pleas of Philadelphia County, was tried before a Judge without a Jury and verdict entered in the amount of $1,420,744.20.
On February 21, 2020, Plaintiff, Jamilya Kasymalieva, was appointed to serve as the Administratrix of the Estate of Dastanbek Kasymaliev, Deceased, having been so appointed by the Register of Wills of Philadelphia County, Pennsylvania. On November 20, 2019, Plaintiff, the deceased Dastanbek Kasymaliev, was performing siding and window work at 2812 W. Master Street, Philadelphia, PA at the express instruction and direction of Defendant Lomidze and his company I-Move LLC.
The Defendant Lomidze/I-Move had constructed a fabricated frame scaffold, approximately 34.5 feet high, 28 feet long and 5 feet wide, to perform the siding and window work. Defendant Lomidze/I-Move constructed the scaffold so that its top walking-working surface area was approximately within one (1) foot of an uninsulated energized primary electrical circuit conductor of 7,600 volts. Lomidze never contacted PECO to request a shut-off of power to the electrical lines.
On the date of the incident, Plaintiff’s decedent was working on top of the scaffold and either a part of his body or a tool he was using came into contact with this energized power line causing him to be electrocuted and killed, immediately. There was no evidence of conscious pain and suffering.
Defendant Lomidze knew or should have known the top working surface of this scaffold had been placed within one (1) foot of this uninsulated energized primary electrical circuit conductor of 7,600 volts.
Defendant Lomidze knew of his duty to notify PECO to de-energize or insulate the energized power lines, but intentionally chose not to notify PECO that Plaintiff’s decedent would be working in an area in close proximity to energized power lines.
As a result of the incident, Plaintiff decedent suffered electrical burns which immediately caused his death. Plaintiff decedent was survived by his wife of 30 years and three adultchildren. The verdict included a loss of earnings ($439,002), loss of services ($216,750) and for loss of companionship, guidance, protection and family happiness (($750,000).
The lawsuit filed against PECO and the homeowner were settled confidentially and the case proceeded to trial against Lomidze and his company I-Move, LLC.
The Honorable Glynnis D. Hill ordered a verdict of $1,420,744.20
Case Name: Jamilya Kasymalieva as Administratix of the Estate of Dastanbek Kasymaliev vs. Spike Real Estate, LLC, I Move LLC, PECO and Samet Lomidze Court of Common Pleas Philadelphia County, July Term, 2020, No. 00491 Counsel for Plaintiffs Anthony J. Baratta, Esq. - Baratta Law, LLC, Huntingdon Valley, PA Court Philadelphia County Court of Common Pleas
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