Nicholas Malfitano Jun. 3, 2016, 8:05am


PHILADELPHIA – Per a recent order in the Philadelphia County Court of Common Pleas, plaintiff counsel has been allowed to withdraw appearance from a slip-and-fall case against an area Shop-Rite grocery store, which also has been given a new arbitration hearing date in mid-summer.

Michael T. van der Veen filed a motion to withdraw appearance on April 13, due to disagreements within the procession of the case, and an irreconcilable breakdown in the attorney-client relationship with plaintiff Amparo Carrion.

This breakdown consisted of the plaintiff allegedly refusing to answer counsel’s phone calls and correspondence, not appearing for arbitration and owing an outstanding balance of $775.00 in costs, which van der Veen wants the plaintiff to reimburse. The petitioner also requested a 30-day stay of proceedings, to provide time for the plaintiff to seek new counsel.

On May 20, Judge Linda Carpenter issued an order approving van der Veen’s withdrawal motion, and directing him to enter a praecipe with the court’s Prothonotary within 10 days, attaching an affidavit certifying the order has been sent to Carrion -- and updating the Prothonotary with Carrion’s new address information. Court records show van der Veen entered the praecipe on May 27.

Further, Carpenter stayed all proceedings in the case for 30 days, and stated a new arbitration date would be selected upon application to the court’s Arbitration Center. As a result, the revised date is Aug. 9, with those proceedings taking place in the Arbitration Center at 1880 JFK Boulevard in Philadelphia.

On Dec. 7, 2013, Carrion was shopping on the defendant’s store at Front and Olney Avenue in Philadelphia, when she was allegedly caused to slip and fall due to a white substance in the aisles of the premises. Carrion alleged a failure to inspect, maintain or repair the floor surface, and knew of this defective condition.

Carrion allegedly suffered cervicobrachial syndrome, total spinal strain and sprain, lumbar nerve root compression and shoulder strain and sprain, resulting in cosmetic disfigurement and physical deformity.

The plaintiff is seeking damages in excess of $50,000 in this case from the ShopRite store and Collins Family Markets Inc. defendants.

The defendants are represented by Thomas J. Bradley of McBreen & Kopko, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150302844

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

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