Nicholas Malfitano Dec. 15, 2015, 12:16pm


PHILADELPHIA – An attorney representing a minor involved in a slip-and-fall case has requested to withdraw from the case, but says he is not permitted to describe the rationale for his withdrawal.

Anthony Lopresti of Clearfield & Kofsky in Philadelphia filed a motion to withdraw his appearance on Oct. 28, stating he could no longer represent his clients, Larry Benson and Sable Benson of Vineland, N.J. But, Lopresti said due to attorney-client privilege, the reasons for his withdrawal were not able to be revealed.

Lopresti requested the Philadelphia County Court of Common Pleas issue a rule notice and schedule a hearing, so the plaintiffs can decide what to disclose to the Court. Due to having a contingent fee agreement with his clients, Lopresti will not be reimbursed for the legal fees he has expended in this case.

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

On Jan. 22, 2013, Sable Benson was walking on the premises of defendant Fuji Mountain restaurant in Philadelphia, when she fell due to an unlevel indenture in the wooden floor, covered by carpeting, which created a hazardous condition, the complaint says.

The Bensons allege the defendant’s negligence in failing to inspect, maintain or remediate the condition caused Sable Benson’s accident. As a result of the fall, Sable Benson suffered dislocation of her kneecap, fluid in her knee, knee abrasion, musculoskeletal injuries and other injuries, they say. 

Sable Benson is seeking judgment jointly and severally for damages in excess of arbitration limits, plus interest and costs for third-party liability. Larry Benson also brought claims seeking to recover outstanding medical expenses, and seeking the same amount in damages as Sable Benson.

The defendant is represented by Susan J. Wiener of the Law Office of Charles J. Daly, in Horsham.

Philadelphia County Court of Common Pleas case 150100235

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

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