Nicholas Malfitano Jan. 19, 2016, 4:15pm


PHILADELPHIA – If a plaintiff in a pending negligence action wishes to pursue legal action against a local hospital system, he will need to do so with new representation.

Andrew R. Spirt of Golomb & Honik filed a motion to withdraw his appearance on Dec. 1, citing “recently-discovered facts” obtained during his discovery procedure regarding client Bernard Barrett that led him to petition to leave the instant litigation.

Citing Section 1.16 of the Pennsylvania Rules of Professional Conduct, Spirt said these same facts “adversely affect the merits of the claim” and “impact counsel’s ability to represent the client.”

Due to attorney-client privilege and future trial strategy, Spirt declined to specify the exact nature of said facts – but added if the Court required they be disclosed, that they be done so under seal without disclosure to the defense.

Spirt further requested Barrett be allowed another 60 days to either retain new counsel or provide notice of pursuing his claim further.

On Nov. 23, 2013, Barrett was walking on North Broad Street, when he fell due to a dangerous condition on the sidewalk, due to the defendants’ negligence and failure to inspect, maintain or repair the sidewalk in question, his suit says.

Barrett allegedly suffered a fractured left wrist and severe shock to his nerves and nervous system in the fall, among other injuries. On Dec. 31, the case was consolidated with a related litigation Barrett filed.

The plaintiff is seeking separate damages from defendants Albert Einstein Medical Center, Albert Einstein Healthcare Network and the City of Philadelphia not in excess of $50,000, plus other relief in this case.

The defendants are represented by Lori C. Miller of Goldberg, Miller & Rubin, and Laurel Grbach of the City of Philadelphia’s Law Department, both in Philadelphia.

Philadelphia County Court of Common Pleas case 151102656

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

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