Nicholas Malfitano Mar. 4, 2016, 10:05am


PHILADELPHIA – Defense counsel for a refuse collection company has filed a petition claiming a negligence case brought it against it is in an improper venue.

Mark F. MacDonald filed a motion for preliminary objections on Dec. 1, claiming Brookhaven residents Kimberly and Joseph Celentino’s case does not belong in the Philadelphia County Court of Common Pleas. MacDonald argued since all parties are based in Delaware County, the subject incident took place there and no parties have any connection to or do any business in Philadelphia County, the proper venue for the lawsuit is the Delaware County Court of Common Pleas.

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

On Oct. 20, 2013, Kimberly Celentino was traveling eastbound on Knowlton Road in Aston, when a tree located on the defendants’ property fell on Celentino’s vehicle, causing her serious injury, she said. Celentino alleged the defendants were collectively negligent through not remedying or warning of this dangerous condition.

Celentino allegedly suffered closed-head trauma, a concussion, post-concussive syndrome, brain injury, cervical injury, thoracic injuries, lumbar injuries and radiculopathy in the accident – and brought suit against Raymond T. Opdenaker & Sons, Inc., Opdenaker Enterprises, Inc. and Rose Manor Partnership, all of Aston.

The plaintiffs are seeking damages in excess of $50,000, and in excess of the amount requiring compulsory arbitration in this case, which includes Joseph Celentino suing for loss of consortium.

The plaintiffs are represented by Marc T. Sacchetta in Media.

The defendants are represented by MacDonald of Styliades Mezzanotte & Hasson, in Philadelphia.

Philadelphia County Court of Common Pleas case 151001682

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

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