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PENNSYLVANIA RECORD

Friday, April 19, 2024

Premises liability defendants seek to dismiss complaint for improper service, lack of claim specificity

Philadelphiacityhall

Philadelphia City Hall

PHILADELPHIA – Defendants in a city slip-and-fall action have filed objections to the plaintiff’s complaint, both for improper service and related to the counts’ alleged lack of specificity in the complaint.

Defense counsel Jeanne M. Proko recently filed to dismiss the complaint brought by Philadelphia resident Janai Sterling, for a number of supporting reasons.

These included failure to effectuate proper service upon defendants Abdolreza Boozarjomehri and Marshid Arasteh; the striking and dismissal with prejudice of all allegations of negligence and related conclusions of law; the striking of the “boilerplate allegations” of negligence for lack of specificity; and the striking and dismissal with prejudice of all claims against “unidentified agents, servants, workmen, employees and/or officers.”

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

On Nov. 18, 2013, Sterling was allegedly caused to slip and fall on premises located in the 100 block of North 34th Street, due to defects on the property. It was alleged the defendant’s failure to inspect, repair or maintain the premises caused Sterling’s fall.

The plaintiff is seeking damages not in excess of $50,000, plus attorney’s fees, costs and other relief from each defendant in this case.

The plaintiff is represented by Cory A. Trobman of the Law Offices of Craig A. Altman in Philadelphia.

The defendants are represented by Christina L. Pitchford in Wayne and Proko of Venema Proko Keahey & Dalvet, in Philadelphia.

Philadelphia County Court of Common Pleas case 150603327

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

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