Nicholas Malfitano Mar. 14, 2016, 1:07pm


PHILADELPHIA – Plaintiff counsel for a woman injured in a Darby supermarket is seeking to leave the lawsuit due to irreconcilable differences with his client.

Louis B. Himmelstein filed a motion to withdraw his appearance on Feb. 8, on the basis of the aforementioned irreconcilable differences with plaintiff Alberta Harris of Landsdowne. Himmelstein spoke to Harris on the telephone on Feb. 1 and advised her of his desire to withdraw from representation, as well as through a follow-up notice through the mail.

Himmelstein stated no prejudice would be directed at the other parties in this case if Harris were to secure new counsel. Also, a scheduled arbitration hearing set for Feb. 29 has been rescheduled for March 29.

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

On July 9, 2013, Harris was shopping at the Save-A-Lot food store in Darby, when she slipped and fell on a banana peel, causing her serious injuries, her suit says. Harris alleged the defendant’s negligence and failure to inspect, clear and maintain the floor surface created a dangerous condition, which caused her accident.

Harris allegedly suffered serious, painful and permanent full-body injuries, including patellar tracking of the knee, knee and ankle strain and sprain, orthopedic and neurological injuries, plus aggravation of pre-existing conditions.

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

The defendant is represented by Anthony S. Pinnie of Pinnie Law Offices, in Media.

Philadelphia County Court of Common Pleas case 150202570

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

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