Nicholas Malfitano Jan. 11, 2016, 3:19pm


PHILADELPHIA – Plaintiff counsel for a man allegedly injured in a fall at a Philadelphia-area Walgreen’s store has elected to leave the suit.

Plaintiff counsel Joseph S. Mitchell III filed a motion to withdraw his appearance on Dec. 9, from the case brought by plaintiff James Rodgers against Walgreen Eastern Co. and its Walgreen’s store located on East Allegheny Avenue in Philadelphia.

Subsequent to Mitchell beginning work on the suit, Mitchell cited having “serious disagreements” between himself and Rodgers over the nature and value of the case; as well as disagreements on tactical decisions for how to approach the case, as his rationale from withdrawing from the lawsuit.

Mitchell commented that he and Rodgers had reached an “impasse” regarding the litigation, and specifically noted Rodgers wanted to take action which he believed he could not engage in, per the Pennsylvania Rules of Professional Conduct for attorneys. Mitchell felt this would also result in an “unreasonable financial burden” on him.

Mitchell sought a 60-day stay of proceedings from the court, in order to provide Rodgers time to seek new counsel.

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

On March 25, 2013, Rodgers was a customer in the East Allegheny Avenue store when he says he was caused to slip and fall due to a dangerous condition resulting from debris being left on the store floor. Rodgers claims to have suffered a broken left ankle and other injuries in the fall, with the broken ankle necessitating a fusion surgery.

The plaintiff is seeking damages not in excess of $50,000, plus interest and costs in this case.

The defendants are represented by Daniel D. Krebbs, of Marshall Dennehey Warner Coleman & Goggin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150302997

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

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