Nicholas Malfitano Mar. 10, 2016, 2:58pm


PHILADELPHIA – A premises liability case against Rite Aid will not be headed to Berks County, according to a recent decision in the Philadelphia County Court of Common Pleas.

On Wednesday, Judge John M. Younge denied a motion to transfer Stanley Pleasant Jr.’s litigation against Rite Aid Corporation to the Berks County Court of Common Pleas.

Initially, on Oct. 13, Gregory J. Mann filed a motion to transfer the case to Berks County, citing the residence there of Pleasant and various witnesses in the case, as well as the subject action taking place there.

Mann stated the plaintiff’s forum choice was “oppressive and vexatious” to the defendants, in attempting to force witnesses to travel more than 100 miles to participate in a lawsuit in a jurisdiction they have no association with.

However, Younge did not concur with Mann’s rationale and denied the transfer motion.

On Nov. 22, 2013, Pleasant was shopping at a Rite Aid store in Reading, when he was caused to stumble, slip and fall on water which accumulated on the floor at the rear of the store, he says. Pleasant alleged the defendants’ failure to properly maintain and clear the store premises caused his accident.

Pleasant allegedly suffered nervous system shocks, aches, pains, mental anxiety and anguish, plus orthopedic and internal injuries of both known and unknown nature. Pleasant summarily filed suit against Rite Aid Corporation and Rite Aid of Pennsylvania, both in Philadelphia, and Rite Aid Headquarters Corp. in Camp Hill.

The plaintiff is seeking individually, jointly and severally, damages in excess of $50,000, plus costs in this case.

The plaintiff is represented by Jeffrey R. Lessin of Jeffrey R. Lessin & Associates, in Philadelphia.

The defendants are represented by Mann of Bolan Jahnsen, in Broomall.

Philadelphia County Court of Common Pleas case 150804183

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

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