Nicholas Malfitano May 13, 2015, 10:42am


PHILADELPHIA – A man’s negligence lawsuit against a local casino and gaming establishment has launched a vigorous debate over the proper venue where the case is to be heard, according to court records.

John Sims of Lancaster filed suit in the Philadelphia County Court of Common Pleas in January against Wilmington, Del. based-Greenwood Gaming & Entertainment – which does business as the Parx Casino, located in Bensalem.

Sims alleges he visited Parx Casino on Feb. 11, 2014, when he slipped and fell on ice located on the casino’s entrance walkway. Sims claimed “negligence, carelessness and recklessness” of the defendant caused the condition that caused him to fall outside the casino.

In the fall, Sims claims he suffered “impairment of bodily function, permanent and serious disfigurement and aggravation of pre-existing conditions,” in addition to sustaining continued costs for ongoing medical care and a loss of professional earning capacity.

Counsel for the defense made preliminary objections to Sims’ lawsuit in February on two fronts. The first was that ‘recklessness’ be stricken from his suit, since malicious conduct on the part of the defendant couldn’t be proven in what it felt was a basic slip-and-fall case. That would then nullify the possibility of earning punitive damages.

Their second objection to the suit rests on the basis the defendant feels it was improperly filed. As Parx Casino is located in Bensalem, the defense stated, any litigation should have been filed in the Bucks County Court of Common Pleas – and not that of Philadelphia.

However, plaintiff’s counsel countered in March that Parx Casino is advertised “extensively and significantly” as a “Philly attraction” through a number of media, including newspapers, television, advertising billboards and websites.

Further, it was noted Parx Casino runs a pair of bus lines from downtown Philadelphia to transport visitor to the entertainment facility.

An argument and evidentiary hearing on the motion with respect to this matter’s proper venue will take place in court chambers at Philadelphia City Hall on Wednesday.

The plaintiff is seeking in excess of $50,000 in damages, plus all costs and relief the Court deems just and proper.

The plaintiff is represented by Marc I. Simon, Esq. of Simon & Simon, P.C. in Philadelphia.

The defendant is represented by Andrew J. Kramer of Kane Pugh Knoll Troy & Kramer, LLP in Norristown.

Philadelphia County Court of Common Pleas case 150103894

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