Nicholas Malfitano Mar. 21, 2016, 2:16pm


PHILADELPHIA – Plaintiff counsel in a Philadelphia sidewalk fall lawsuit has been granted the opportunity to withdraw from the litigation.

Keith L. Martin of Edelstein Martin & Nelson filed a motion to withdraw appearance on Feb. 11, based upon evidence obtained in the discovery process with his client Terry Blackmon. Martin said the information in question was protected by attorney-client privilege, but if the Court required detailed explanation, he would provide it privately in judiciary chambers.

Martin was seeking a stay of proceedings which he said would not prejudice Blackmon, who had not sought alternate counsel as of the date of his motion.

On Thursday, Judge Nina Wright Padilla granted Martin’s withdrawal petition and ordered all arbitration proceedings in the case stayed for a period of 90 days.

On Feb. 4, 2014, Blackmon was walking with a friend and her friend’s daughter along the defendants’ sidewalk, when she was caused to slip and fall after she stepped onto ice and fell to the ground. Blackmon’s suit alleged the weather was cold and clear, and it had not snowed, rained or sleeted within 16 hours before her fall.

Blackmon alleged the defendants had sufficient time to clear the sidewalk of ice and apply salt to it, and said their failure to inspect, repair and maintain the sidewalk caused her fall.

Blackmon allegedly suffered strain and sprain of her cervical, thoracic and lumbar spine, post-traumatic lumbar radiculitis, post-traumatic hip sprain and strain, post-traumatic hip joint dysfunction, post-traumatic shoulder sprain and strain, shoulder joint dysfunction, headaches, bone bruising and other injuries.

The plaintiff is seeking damages not in excess of $50,000 from all defendants, plus attorney’s fees, interest, delay damages and costs in this case.

The defendants are represented by Joseph J. Stathius of Robert J. Casey Jr. & Associates, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150804217

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

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