PHILADELPHIA – Lawyers for a Malvern bar and restaurant argue a plaintiff suing them for negligence have pled “no material facts” to support their assertions the restaurant does business in Philadelphia County.
Counsel for Stedi, Inc. - which does business as Twenty9 Restaurant & Bar, Twenty9 Corporation and Liberty Property Limited Partnership, all of Malvern - and Liberty Property Trust in Philadelphia have argued plaintiff Juan Vargas made “bald allegations” they do business in Philadelphia, and seek to have the case transferred to Chester County through a motion of preliminary objections made on May 29.
They asserted Stedi, Inc. is the only entity responsible for the area where Vargas’ fall took place, and are based in Chester County.
Further, they seek to have all references to “reckless” and “recklessness” struck from Vargas’ suit, on the similar basis of an alleged lack of factual basis upon which to use those characterizations. Such terminology could be used to incur punitive damages under Pennsylvania state law, should the case be successful.
A hearing on this case has been set for Philadelphia County Court of Common Pleas chambers at Philadelphia City Hall on Wednesday.
Initiated in March, Vargas’ lawsuit is in connection with a fall he suffered at Twenty9 more than two years ago. On April 5, 2013, Vargas was unloading a delivery truck at the restaurant and bar when he stepped and fell through a wooden plank in the floorboard, he says.
It is Vargas’ claim that the defendants should have been timely in inspecting their premises and replacing the wooden board, or to warn visitors to the property of the presence of the floorboard’s condition.
Vargas allegedly suffered serious and permanent personal injuries, impairment of bodily function and disfigurement in the fall.
The plaintiff is seeking in excess of $50,000, plus all court costs and other relief.
The plaintiff is represented by Marc I. Simon, of Simon & Simon, in Philadelphia.
The defendants are represented by Brian P. McGovern of Selective Law Group in Springfield and Patrick J. Moran of William J. Ferren & Associates in Blue Bell.
Philadelphia County Court of Common Pleas case 150303672
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com