Nicholas Malfitano Jun. 18, 2015, 10:40am


PHILADELPHIA – A plaintiff’s alleged refusal to participate in the discovery process during his negligence lawsuit or even maintain contact with his counsel has led his representation to motion to withdraw his appearance.

David B. Sherman of Solomon Sherman & Gabay in Philadelphia informed the Philadelphia County Court of Common Pleas of his desire to be relieved from the duty of representing former city resident Mark Jones on May 13.

Sherman explained Jones allegedly did not participate or assist in the discovery process after his lawsuit was filed in May 2014, nor did he maintain any contact with Sherman or his firm – despite numerous and repeated letters, emails and phone calls.

At last, an investigator was hired and traced Jones to an address in Newark, Del. However, even after sending legal correspondence to that Delaware address, Jones returned none of Sherman’s firm’s messages.

A hearing on this development was scheduled for Wednesday in Court chambers at Philadelphia City Hall.

Jones’ May 2014 complaint and subsequent pair of amended versions in July and September of that year were filed in connection with a fall he claimed had occurred nearly two years earlier. As defendants, the lawsuit named Walnut Street Property Holdings in Plymouth Meeting, PECO Energy Company in Philadelphia, Parlerect in Kulpsville and the City of Philadelphia.

On June 30, 2012, Jones alleged he was crossing the property at 2131 Walnut Street in Plymouth Meeting when he tripped, due to a defect in the sidewalk. It is Jones’ belief the collective negligence of the defendants caused him to fall, through their failure to inspect the sidewalk, cure the defect, use proper materials to construct the sidewalk, cordon off the area or provide safe crossing for pedestrians, among other charges.

Jones allegedly suffered strain and sprain to his right arm, right shoulder, right knee, back, neck, head, cervical vertebrae and a right knee contusion in the fall.

The plaintiff was seeking judgment against all defendants individually, jointly and severally in this case, for an amount not in excess of $50,000. Further, the plaintiff is entitled to make an additional claim due to bodily function impairment and his medical bills costing in excess of $1,500.

The defendants are represented by Ralph P. Bocchino and Amanda Justine Dougherty in Philadelphia, and Stephen J. Magley in Pittsburgh.

Philadelphia Court of Common Pleas case 140503198

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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