Nicholas Malfitano Oct. 7, 2015, 9:29am


PHILADELPHIA – Per a clerical error, one of the members of defense counsel in a slip-and-fall lawsuit wishes to withdraw his representation for one of his clients, who had initially been misidentified.

George Vokolos filed a motion to withdraw his appearance on Aug. 24 for defendant “Robert Pearce," who, in fact, was Bensalem resident Richard Pearce. Vokolos first entered his representation on Aug. 6, but was notified of the error on Aug. 11.

Pearce contracted with Snow and Ice Management Company to complete snow removal for the parking lot at Blue Bell Shopping Center in Philadelphia. Per the motion, Pearce owes a defense and indemnification to that company. Subsequently, Western World Insurance Company retained Vokolos to represent Snow and Ice Management Company.

Apart from Pearce, Vokolos wants to continue represent the other, corporate defendants in the case: Blue Bell Associates and Rosen Associates Management Corporation in Jericho, N.Y.; Snow and Ice Management Company of Pennsylvania in Preston; and Snow and Ice Management Inc. of Pennsylvania in Pittsburgh.

A hearing in this case was set for Wednesday at Philadelphia City Hall, in court chambers.

On April 10, 2014, plaintiff Mary G. Kleinz was at the Blue Bell Shopping Center on South 70th Street in Philadelphia and parked in the customer parking area. After shopping, the plaintiff walked back to her vehicle and fell in the parking lot, due to the defendant’s negligence in failing to repair the lot’s surface.

The lot allegedly had cracked and broken asphalt, with accumulated gravel, stones, bitumen particles, aggregate and/or paving debris. Kleinz asserted the defendants engaged in improper plowing of the lot, allowed the lot to exist in a state of disrepair and failed to fill and/or seal the lot.

In the fall, Kleinz suffered injuries to her bones, muscles, nerves, tendons, tissues and blood vessels; severe emotional psychiatric upset, pain and suffering, mental anguish and humiliation.

The plaintiff is seeking judgment in excess of jurisdictional arbitration limits, plus delay damages and costs from all defendants in this case.

The plaintiff is represented by Robert A. Gelinas in Philadelphia.

The defendants are represented by George Vokolos of Mintzer Sarowitz Zeris Ledva & Meyers, Simi Mayall of Baginski Mezzanotte Hasson & Rubinate, both in Philadelphia, plus Larry H. Lefkowitz in Bensalem.

Philadelphia County Court of Common Pleas case 150701257

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

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