Nicholas Malfitano Mar. 25, 2016, 12:04pm


PHILADELPHIA – A woman filing suit against a Ruby Tuesday location in New Jersey hasn’t alleged minimum contacts with the state of Pennsylvania in her negligence suit, according to defense counsel.

Kenneth S. Fair filed a motion for preliminary objections on Nov. 17, seeking dismissal of Palmyra, N.J. plaintiff Melanie Schneider’s claims against Paramount Realty Services, Inc. and Ken Freid of Lakewood, N.J., Ruby Tuesday of Mount Laurel, N.J. and Ruby Tuesday, Inc. in Maryville, Tenn.

Fair asserted these claims against the defendants had no contact with the state of Pennsylvania, and should be transferred to the appropriate county court in the state of New Jersey. Fair said the defendants are based in Lakewood and Mount Laurel, N.J., and Maryville, Tenn., and thus the litigation should be tried elsewhere.

Finally, Fair averred the plaintiff’s complaint had a lack of sufficient pleading as to the specificity of her injuries and how they occurred, and contained “vague, boilerplate allegations.”

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

On Aug. 17, 2013, Schneider says she was injured due to dangerous condition at a Ruby Tuesday location in Mount Laurel, N.J., specifically, a counter/bar area. Schneider believed the defendants’ failure to inspect, maintain, repair or warn patrons of this area caused her injuries.

Schneider allegedly suffered a brain injury, neck injury and post-concussive syndrome, along with nervous system shock.

The plaintiff is seeking judgment, jointly and severally, in excess of $50,000 and in excess of the compulsory arbitration limits of the Court.

The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Falcone, in Media.

The defendants are represented by Dennis R. Callahan and Katherine A. Pustizzi of Ward Greenberg Heller & Reidy, Fair of Naulty Scaricamazza & McDevitt, Thane “TJ” Trotman of the Law Office of J. Mark Pecci, all in Philadelphia, plus Anne M. Magruder in Reston, Va.

Philadelphia County Court of Common Pleas case 150801895

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

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