PHILADELPHIA – Defense counsel charge a plaintiff in a negligence suit versus a nursing home filed his case in an improper venue, in addition to lacking specificity to those allegedly liable for their claims.
Attorneys for 2507 Chestnut Street Operations in Kennett Square, The Belvedere in Chester and Sub-Belvedere Ltd. Partnership in Chicago, alleged on May 7 the action filed against them should not be heard in the Philadelphia County Court of Common Pleas.
They feel since the subject incident occurred in Delaware County, and two of the defendants do business in Chester County, that either of those courts of common pleas would be a more appropriate setting for the case. They also charge a lack of detail and specificity from the plaintiff in correctly identifying agents of the defendant business allegedly liable for the acts in question.
A hearing in the matter is set for July 14 at Philadelphia City Hall, in Court chambers.
Baltimore resident Lorenzo Morgan filed suit in January against the aforementioned defendants as a result of a fall he suffered in The Belvedere, a Chester nursing home. Morgan claims a cord had been left across the floor causing his injurious fall, and that the collective negligence of the defendants in not seeing or removing the cord from the floor further led to the fall.
Morgan alleges he suffered severe back, neck and shoulder injuries, nervous system shock, great physical pain and mental anguish in the Jan. 30, 2013 accident, along with possible permanent disability.
The plaintiff is seeking judgment, jointly and severally, in excess of $50,000 and in excess of arbitration limits.
The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.
The defendant is represented by Robert E. Dillon of Naulty Scaricamazza & McDevitt in Philadelphia.
Philadelphia County Court of Common Pleas case 150103703
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com