Nicholas Malfitano Jul. 24, 2015, 12:06pm


PHILADELPHIA – Lead counsel for a plaintiff whose son allegedly sustained severe head injuries at a day care center has requested to withdraw from the case, according to Philadelphia County Court of Common Pleas records.

Leonard P. Haberman of Clearfield & Kofsky in Philadelphia motioned his intention to withdraw from representing parent Janine Outlaw and her son, Samaaj Outlaw, to the Court on June 2, but explained attorney-client privilege precluded him from disclosing the exact reasons for his withdrawal. 

Haberman further requested a hearing be scheduled where and when the plaintiffs will have the ability to decide which of those withdrawal details they would like to disclose to the Court. 

A hearing on this matter was set for Court chambers at Philadelphia City Hall on Tuesday.

Outlaw’s lawsuit alleges on Nov. 22, 2013, she was at Little Learners Day Care in Bensalem, engaged in the process of paying for day care services for Samaaj, when she placed him on a changing table to receive attention from Little Learners staff.

When Outlaw walked away, Samaaj fell off the changing table and was severely injured in the process, the suit says. Outlaw’s lawsuit alleges the defendants were negligent in not properly training their employees to never leave infants unattended, and this negligence caused Samaaj’s accident.

Samaaj sustained a skull fracture, head contusion, intracranial bleeding, concussion, unconsciousness and other injuries, in addition to medically determinable physical and mental impairment.

Outlaw filed suit in January against Boychick Corporation in Bensalem and Little Learners Day Care in both Bensalem and Philadelphia.

The plaintiffs are seeking judgment, jointly and severally, in an amount in excess of arbitration limits, plus interest and court costs.

The defendants are represented by Kevin R. McNulty & Julia C. Rogers of Gerolamo, McNulty, Divis & Lewbart, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150103674

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

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