Nicholas Malfitano Apr. 15, 2016, 9:19am


PHILADELPHIA – The matter of venue in a Norristown-based premises liability action will not be decided until late next month, per a continuance granted by a Philadelphia County Court of Common Pleas judge.

Patrick J. Hasson filed a motion for preliminary objections on Nov. 4, for reasons of improper venue. Hasson said the instant incident occurred in Montgomery County, plaintiff Marsharie Garner-Shakur resides there and defendants Frank Summerill and Summerill Snow Plowing conduct business there; so consideration of those factors made it the proper venue to hear the case.

Hasson sought dismissal of the case without prejudice, in order to allow Garner-Shakur the opportunity to refile in a more appropriate venue, such as the Montgomery County Court of Common Pleas.

Judge Arnold New granted the defendants’ request for a continuance on Thursday, re-scheduling a future hearing on the subject of venue in this case in this case until May 23 – since a hearing in this matter originally had been set for this past Wednesday in Court chambers, at Philadelphia City Hall.

Prior to Feb. 6, 2014, the suit states the defendants performed snow and ice removal at Town Manor West in Norristown. On that date, Garner-Shakur was walking from her car, which was parked in the parking lot, when she slipped on an ice patch (despite taking what she says appeared to be the safest path available to her at the time).

Garner-Shakur allegedly suffered strain and sprain of her lower back, left knee, left shoulder and left wrist, contusions and other injuries.

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

The plaintiff is represented by Anthony C. Gagliardi III of The O’Hanlon Law Firm, in Philadelphia.

The defendants are represented by Hasson of Styliades Rubinate Mezzanotte & Hasson, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150802567

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

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