Nicholas Malfitano Jun. 11, 2015, 1:05pm


PHILADELPHIA –A negligence lawsuit filed against the Triad Plaza in Bala Cynwyd has been transferred to the Montgomery County Court of Common Pleas.

On March 2, counsel for the defense filed preliminary objections, related to venue. They contended since Triad Plaza and its management companies are located within and do business in Montgomery County, in addition to the alleged fall taking place there, that the Montgomery County Court of Common Pleas would be the proper place in which to hear the case.

Plaintiff Thomas Stauton and his counsel filed a counter-request to conduct depositions in order to verify the origin and principal location of the defendants’ business activities.

However, the request would be for naught, as Judge Arnold L. New of the Philadelphia County Court of Common Pleas ruled the defendants’ preliminary objections were valid, and the case would be transferred to the Montgomery County Court of Common Pleas, as of May 20.

Stauton filed suit in January against the Triad Plaza and its related management entities for a fall he supposedly sustained at their location in Bala Cynwyd.

Stauton claims to have fallen on April 14, 2013, while exiting from the plaza’s parking garage, as a result of a “dangerous condition” on the premises, which he claims the defendants were negligent and remiss in repairing.

Stauton claims to have suffered injuries to his leg, hip and knee, along with aggravation of pre-existing injuries, and to have incurred large and continuing medical costs for treatment in the process.

Stauton demands judgment jointly and severally against all defendants, in excess of arbitration limits.

The plaintiff is represented by Jeffrey M. Rosenbaum and Ryan Cohen of Rosenbaum & Associates in Philadelphia.

The defendants are represented by Lynda M. Volpe of The Law Offices of J. Mark Pecci, II, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150200012

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

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