Nicholas Malfitano Jul. 24, 2015, 12:10pm


PHILADELPHIA – Counsel for a Chester golf club and other defendants have charged a negligence lawsuit initiated them against was improperly filed with respect to the issue of venue, and have requested the case be transferred.

The Philadelphia County Court of Common Pleas received a motion of June 9 on behalf of counsel for Hershey’s Mill Golf Club in Chester, Penco Management of Chadds Ford, McGinty Home Improvements in Glenmoore, Village of Jefferson Homeowners Association in West Chester and Florence A. Stong of West Chester, to transfer the pending case to the Chester County Court of Common Pleas.

A hearing in the case was scheduled for Tuesday in Court chambers at Philadelphia City Hall.

The lawsuit brought by Bear, Del., residents Monica and Steven Stong in March named the aforementioned defendants as being negligent in causing a slip-and-fall accident which took place in early January 2014.

On Jan. 4, 2014, Monica Stong fell on the premises of 866 Jefferson Way in West Chester, due to the presence of snow and ice, she says. Stong felt the defendants’ failure to monitor, test or clean the premises, warn pedestrians of the dangerous condition or comply with building codes.

Stong suffered a malleolus fracture needing open reduction and internal fixation, plus head, neck and back injuries, and nervous system shock.

The plaintiffs are seeking judgment, jointly and severally, against all defendants for an amount in excess of a jurisdictional rule requiring submission for arbitration. On behalf of his wife, Steven Stong sues for loss of consortium, for the same exact amount in damages.

The plaintiffs are represented by Adam S. Getson, of Wapner, Newman, Wigrizer, Brecher & Miller, in Philadelphia.

The defendants are represented by John H. McCarthy, Suzanne B. Curran of Rawle & Henderson, Carolyn M. Schweizer, Daniel J. Ryan, Jr. & Patrick J. Furlong of Marshall Dennehey Warner Coleman & Goggin, Kevin R. McNulty of Gerolamo McNulty Divis & Lewbart and Elizabeth Horneff and Julianne M. Curry of The Curtis Center, all in Philadelphia; along with J. Michael Kvetan in Plymouth Meeting.

Philadelphia County Court of Common Pleas case 150302349

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

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