Nicholas Malfitano Mar. 21, 2016, 2:18pm


PHILADELPHIA – An attorney for a woman claiming to be injured in a stairway fall at her apartment complex cited a lack of proper medical evidence, the presence of a signed release form and disagreements over procession of the case as his reasons for withdrawing from the lawsuit.

David B. Sherman of Solomon, Sherman & Gabay filed a motion to withdraw appearance on Feb. 17, explaining plaintiff Kathleen McCandless of Philadelphia was unable to provide “definitive and causative medical reports” connected to this accident, limiting the financial amount able to be recovered to the arbitration level.

Sherman added that despite repeated attempts, no objective medical evidence connecting McCandless’ injuries to this fall had been located.

Sherman also stated “fundamental disagreement” between himself and McCandless made continued representation of her impossible. On or about Jan. 8, Sherman said he was emailed by attorney Christopher D. Mannix (who had not entered appearance in this case) and notified of a release form signed by McCandless that was in defense counsel’s possession.

Sherman cited all of these reasons in stating his belief that continued representation of McCandless was now impossible.

On Thursday, Judge Nina Wright Padilla granted Sherman’s withdrawal motion. Prior to the approval of Sherman’s motion, an arbitration hearing had been slated for April 14 – but per the judge, a 60-day stay of all arbitration proceedings was issued, so that McCandless would have enough time to secure new counsel.

On Nov. 8, 2012, McCandless was a tenant of premises owned by defendants Fishtown Redevelopment Authority, Anthony N. Cancellieri and 6527 Frankford Avenue, LLC, on the 2200 block of Almond Street in Philadelphia. McCandless asserted she was descending stairs inside her rental apartment, when a defective condition caused by the stairs, banister and nearby lighting caused her to fall down and be seriously injured.

McCandless argued the defendants’ failure to inspect, maintain or repair the premises, and being otherwise negligent in failing to comply with building codes caused her fall.

McCandless allegedly suffered injuries to her ankles, neck, back, hip and surrounding body parts, plus exacerbation of pre-existing conditions.

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

Philadelphia County Court of Common Pleas case 140901049

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

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