Nicholas Malfitano Sep. 10, 2015, 3:17pm


PHILADELPHIA – Defense counsel for a frozen yogurt business want a negligence suit filed against it transferred to York County for reasons of improper venue.

Attorneys for Richmond, Va.-based Sweetfrog Enterprises and Lancaster-based Cool Friends filed a motion for preliminary objections on June 12, citing reasons of both improper and inconvenient venue.

Though the suit was filed in Philadelphia County due to a Sweetfrog Premium Frozen Yogurt franchise location in Chestnut Hill, counsel pointed out that location closed on Nov. 9 – six months before plaintiff Mary Ellen Graybill filed her lawsuit.

In their motion, Sweetfrog’s counsel explained the subject action took place in York County, and Graybill and fellow defendant Cool Friends are based in Lancaster County, so they felt it was burdensome to the judicial system to litigate a slip-and-fall negligence action more than 100 miles from where the incident took place. 

A hearing in this matter was set for Wednesday at Philadelphia City Hall, in Court chambers.

Graybill alleged she was walking through the entrance of Sweetfrog Premium Frozen Yogurt in Shrewsbury (located in York County) when she fell due to an accumulation of what was believed to be rainwater near the front door. Graybill alleged the negligence of the defendants in not cleaning up the rainwater was the direct cause of her accident.

Graybill says she suffered traumatic intracranial hemorrhage with a loss of consciousness, concussion, post-traumatic headaches, memory loss, blurred vision, closed head injury with related nausea, cervical sprain and strain and severe orthopedic injuries.

The plaintiff is seeking a sum in excess of $50,000 in this case.

The plaintiff is represented by Charles Jay Schleifer and Anthony J. Nardozzi of Haggerty, Goldberg, Schleifer & Kupersmith, in Philadelphia. 

The defendants are represented by Pamela A. Carlos and Samantha D. Gioffre of Bennett, Bricklin & Saltzburg, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150501479

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

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