Nicholas Malfitano Jan. 25, 2016, 10:03am


PHILADELPHIA – A man suing the City of Philadelphia and a senior citizen agency for negligence will need to seek new legal representation.

Neil M. Shukovsky of the Rothenberg Center filed a motion to withdraw his appearance on Nov. 9, citing irreconcilable damages to the attorney-client relationship between himself and plaintiff Robert Diehl.

On Aug. 10, Shukovsky sent Diehl interrogatories and request for production of documents from one of the case’s defendants, the Philadelphia Corporation for Aging. Shukovsky also sent Diehl letters seeking answers to discovery questions on Aug. 27, Sept. 18 and Sept. 21.

Thereafter, Shukovsky said he made a series of unsuccessful attempts to call Diehl and write more letters, indicating he could not continue to represent Diehl if this lack of contact continued. Shukovsky then hired a private investigation firm, one of whose agents made contact with Diehl. Diehl’s reasoning for the lack of contact with Shukovsky was that he was “very busy” at the time.

Shukovsky felt that this complete lack of direct contact and cooperation on Diehl’s part left him no choice but to exit the litigation.

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

On Feb. 15, 2014, Diehl was allegedly injured when he fell on an ice patch outside 642-648 North Broad Street in Philadelphia. Diehl alleges the failure of the defendants to inspect, maintain or repair the sidewalk was the cause of his fall and resultant injuries.

Diehl suffered a left distal radius fracture, requiring open reduction internal fixation (ORIF) surgery with residual surgical scarring and full-body injuries as a whole, along with nervous system shock.

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

The defendants are represented by Thomas J. O’Malley, of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia.

Philadelphia County Court of Common Pleas case 150701561

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

More News