Nicholas Malfitano Jun. 2, 2016, 6:55am


PHILADELPHIA -- Defense counsel objections in a slip-and-fall lawsuit occurring in Huntingdon Valley have been overruled in the Philadelphia County Court of Common Pleas.

John M. Guthrie filed a motion for preliminary objections on Feb. 10, for reasons of improper venue -- since the subject cause of action in Orlando Soriano’s premises liability litigation took place in Montgomery County.

Guthrie added Soriano also resided there at the time of the accident and the defendants resided in Bucks County, with the lawsuit having no connection to or no conduct occurring in Philadelphia County. Guthrie stated the venue was clearly improper and the case should be transferred to the Court of Common Pleas in either Montgomery County or Bucks County.

However, in a hearing held on the matter last Wednesday in court chambers at Philadelphia City Hall, Judge John M. Younge overruled Guthrie’s preliminary objections and the case will proceed in the Philadelphia County court.

On Feb. 18, Soriano was on the defendants’ premises when he was supposedly caused to slip and fall due to the presence of ice and snow -- specifically, in the rear parking lot adjacent to Ben and Irv’s Deli/Restaurant, in Huntingdon Valley. Soriano averred a failure to inspect, maintain or clean the parking lot led to his fall.

Soriano allegedly suffered a number of acute traumatic injuries, such as a cerebral concussion, cervical and lumbar spine sprain and strain, cervical and lumbar radiculopathy and arthritis in both shoulders.

The plaintiff is seeking damages in excess of $50,000, plus costs and other relief in this case from defendants Tom Pileggi Associates Inc. of Philadelphia, Just-A-Farm Shopping Center and Tom Pileggi individually, both in Warrington.

The plaintiff is represented by Michael P. Kane of Rizio Hamilton & Kane in Philadelphia.

The defendants are represented by Guthrie of the Law Offices of James L. Barlow in King of Prussia.

Philadelphia County Court of Common Pleas case 151104572

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

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