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Police Officer Lawsuit survives Preliminary Objections Against Public Urination Defendant

Posted in Evidence, Pennsylvania Superior Court, Trial Practice

 

On February 11, 2014, the Pennsylvania Superior Court ruled that a personal injury lawsuit filed by an injured police officer should survive preliminary objections filed by a man who was arrested for public urination.

James Smicherki was observed by police officer Karly Schemberg public urinating in violation of the Borough of Kutztown’s local ordinances.  While in pursuant of the offender the police officer fell from a height of approximately 12 to 15 inches and sustained injuries to his right leg which required surgery. The police officer filed a lawsuit against Schemberg for Negligence and Negligence per se. In response Schemberg filed preliminary objections which were granted by the trial court dismissing the case.

On appeal the PA Superior Court overturned the Lower Court finding that at this stage of the proceedings that the police officer pled sufficient facts to survive preliminary objections to both the Negligence Per Se action and the Negligence action. The case was remanded for further proceedings.