Nicholas Malfitano Feb. 5, 2016, 11:40am


PHILADELPHIA – Plaintiff counsel in a premises liability lawsuit over an allegedly injurious fall sustained at the King of Prussia Mall is seeking to exit the suit.

Edward F. Silva filed a motion to withdraw his appearance on Dec. 30, due to “irreconcilable differences of opinion” with plaintiff Jacob Francis on how to proceed with the case. Through a pair of letters mailed on Nov. 3 and Dec. 9, Silva said he advised Francis to obtain new counsel.

Silva added there had been a “total breakdown of communication” between himself and Francis, and continuing to represent him would create an unreasonable financial burden under Rule 1.16 of the Rules of Professional Conduct.

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

On May 26, 2014, Francis was entering a hallway leading to the men’s room on the first floor of King of Prussia Mall, when he fell due to defective and loose floor tile, resulting in him falling and being injured. Francis allegedly fell due to the defendant’s negligence and failure to remediate the dangerous condition the loose floor tile represented.

Francis suffered injuries to his neck, back, right elbow and ankle in the fall, plus their bones, muscles, tissues, nerves, cells and functions.

Francis initially filed suit against Simon Property Group, Inc. of Indianapolis, Ind. and King of Prussia Associates in Philadelphia – but Simon Property Group was dismissed from the case on Oct. 27.

An arbitration hearing in the matter is scheduled for Feb. 26, at the Arbitration Center on JFK Boulevard.

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

The plaintiff is represented by Silva in Philadelphia.

The defendant is represented by Kenneth S. Fair, of Naulty Scaricamazza & McDevitt, in Philadelphia.

Philadelphia County Court of Common Pleas case 150303635

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

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