Nicholas Malfitano Jul. 8, 2015, 1:45pm


PHILADELPHIA – Counsel for a plaintiff suing a Wal-Mart store in Springfield Township for an allegedly injurious fall suffered two years ago has petitioned the Philadelphia County Court of Common Pleas to withdraw from the case.

Philip M. Farber, of Goldberg & Weinstein in Philadelphia, filed a motion with the Court on June 5 to withdraw himself as counsel of record for Glenolden resident Catherine McGinley.

“Differences have arisen between petitioners and the plaintiff as to how this matter should proceed forward, and the likelihood of being successful,” Farber wrote to the Court.

In the last meeting Farber had with McGinley, Farber maintained McGinley took physical possession of her client file and there was “an irretrievable breakdown in the attorney-client relationship.”

A hearing on the matter was scheduled for Wednesday in Court chambers at Philadelphia City Hall.

Filed in February, the incident alleged in McGinley’s lawsuit dates back to March 18, 2013. On that day, McGinley was a customer at the aforementioned Wal-Mart location, when she fell on the store floor due to the presence of a liquid substance, she says.

It is alleged that the liquid substance had been on the floor for an extended period of time, and Wal-Mart had been remiss in not inspecting, noticing or removing said liquid from the floor surface.

In the fall, McGinley is alleged to have suffered injuries to her hip, spine and back, and has been rendered “sore, sick, lame and prostrate," according to the suit.

McGinley’s suit says she will need surgery, rehabilitation, medical care and relief from medical bills, in addition to a loss of earnings and earnings power.

The plaintiff is seeking damages in excess of $50,000, plus attorney’s fees, court costs, interest and other such relief the Court may deem just and appropriate.

The defendant is represented by Brian P. McEntee in Cherry Hill, N.J., and Patrick J. McDonnell of McDonnell & Associates, in King Of Prussia.

Philadelphia County Court of Common Pleas case 150201936

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

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