Nicholas Malfitano Mar. 25, 2016, 12:08pm


PHILADELPHIA – A construction company’s preliminary objections have been denied in the Philadelphia County Court of Common Pleas.

On Nov. 25, Robert J. Cosgrove filed a motion for preliminary objections, averring plaintiff Jason Pero’s complaint was only signed by his attorney and not verified by Pero, and doesn’t include any party based in Philadelphia County. Pero resides in Cheltenham (located in Montgomery County) and defendant GJA Construction, Inc. is based in Glenside (also located in Montgomery County).

Plus, Cosgrove argued the incident took place at a construction site in Chester County, and had no connection to Philadelphia County. The preliminary objections sought the striking of Pero’s pleadings with prejudice and transfer of the case to either the Chester or Montgomery County Court of Common Pleas.

On Thursday, Judge Arnold L. New denied the defendant’s preliminary objections.

On Oct. 24, 2013, Pero was working as a geologist overseeing tank remediation and was injured when a backhoe allegedly struck him and knocked him into an excavation hole about 12 feet deep. Pero asserts the defendant failed to keep a proper lookout, used proper care of their equipment and failed to set up barricades around the backhoe’s work area, among other charges.

Pero allegedly suffered nondisplaced fractures of his left sphenoid bone and lateral pterygoid plate of the skull, a sub-arachnoid hemorrhage, a concussion, traumatic brain injury, headaches, a neck injury, pain from his neck into his left shoulder and nervous system shock.

The plaintiff is seeking damages in excess of $50,000 in this case, with Fern Pero seeking a similar amount for loss of consortium.

The plaintiff is represented by Christy Adams of Adams Renzi, in Philadelphia.

The defendant is represented by Cosgrove and Sathima H. Murray of Wade Clark Mulcahy, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150902410

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

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