PHILADELPHIA – A motor vehicle accident plaintiff’s failure to appear at an arbitration hearing resulted in that plaintiff losing their case through a Judgment of Non Pros.
According to court records, plaintiff Christina Quijano failed to appear at an April 1 arbitration hearing in her case against Joselito Fernandez, Santana Valley Farms, Inc. and Sunshine Food Wholesales, Inc., all of Philadelphia, plus a subsequent rule hearing.
Per a May 17 order from Judge Idee C. Fox, Quijano’s failure to appear at these hearings resulted in a Judgment of Non Pros being handed down against her.
Furthermore, Jeffrey D. Schaffer of Saffren & Weinberg filed a motion to withdraw appearance on April 13, due to “difficulty communicating” with plaintiff Christina Quijano, who has supposedly been unresponsive to all attempts to establish and maintain correspondence with her. Schaffer said Quijano offered no response to letters sent to her Camden, N.J., address on Nov. 15, Feb. 3 and March 30.
Schaffer added a Lexis Nexis search on April 11 showed Quijano still resided in Camden, but her phone had been disconnected, and issues regarding her case still needed to be discussed. Due to these communication issues, Schaffer felt he was unable to effectively represent the plaintiff and was of the opinion Quijano would be better served by securing alternate counsel.
Court records show Schaffer’s withdrawal from the case was made official on May 13.
On July 19, 2013, Quijano was driving at the intersection of Mt. Ephraim Avenue and Carl Miller Boulevard in Camden, N.J., and Fernandez was driving his own vehicle at the same place and time. Fernandez’s vehicle then allegedly struck Quijano’s due to his negligent driving, which Quijano says encompassed speeding, failing to stop, signal, yield or observe.
Quijano allegedly suffered injuries to her lower back, stomach, neck and pregnancy, plus multiple contusions, abrasions and other injuries. Quijano sued for negligence versus Fernandez, Santana Valley Farms, Inc. and Sunshine Food Wholesales, Inc.
The plaintiff was seeking damages not in excess of $50,000, plus interest and costs in this case.
The defendants were represented by Michael R. Harding of the Law Offices of J. Mark Pecci II, in Philadelphia.
Philadelphia County Court of Common Pleas case 150700179
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com