Nicholas Malfitano Jul. 15, 2015, 12:18pm


PHILADELPHIA – A negligence liability lawsuit will be transferred from Philadelphia County to Chester County, if a defense motion related to preliminary objections is approved.

Attorneys for General Armistead Associates in Berwyn (Delaware County), Whelan Properties in Chadds Ford, Brogan Landscaping in Malvern and Duttons Mill Condominium Association in Frazer (all in Chester County), argued in an April 15 set of preliminary objections that the defendants do not conduct business in Philadelphia County, along with the lawsuit’s subject incident taking place in Chester County, as grounds for why Danville resident Jade Kerswill’s suit should be transferred from the Philadelphia County Court of Common Pleas to the Chester County Court of Common Pleas.

A hearing on the matter took place in Court chambers at Philadelphia City Hall on Tuesday.

Kerswill’s lawsuit, filed in February, alleged on Feb. 14, 2013, she was on the Duttons Mill property in Frazer when she slipped and fell on snow and ice in the parking lot. Kerswill’s litigation charges all defendants did not inspect, correct or properly maintain the parking lot’s condition, or warn visitors to the premises of the dangerous condition – an action she also felt violated the laws of the municipality of Aston, Delaware County and the Commonwealth of Pennsylvania relating to property maintenance.

In the fall, Kerswill sustained serious injuries to her head, body, limbs and internal organs. These included: sprain and strain of her entire spine, a bulging disc at L3-L4, post-traumatic cephalgia and lumbar myofascial pain syndrome, along with other injuries.

The plaintiff is seeking judgment not in excess of $50,000, plus interest, court costs and delay damages.

The plaintiff is represented by Steven M. Lipschutz of Lipschutz & Friedman, in Philadelphia, and Richard J. Hunigman of West Chester.

The defendant is represented by Nancy J. Glidden of West Chester; Ann M. Mullen; William M. Brennan; and Gerald J. Valentini of Deasey, Mahoney, Valentini & Nor, all in Philadelphia. 

Philadelphia County Court of Common Pleas case 150200354

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

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