PHILADELPHIA – Following a continuance, defense
counsel in an icy slip-and-fall action still seek to withdraw from the lawsuit
due to a coverage clause in their client’s insurance policy.
Alicia M. Nelson of Hohn & Schuerle filed a motion
to withdraw appearance on behalf of herself and June D. MacCarthy on March 14.
Motorist Mutual Insurance Company (MMIC) retained Nelson and MacCarthy through
reservation of rights to handle the issue of notice of intent.
MMIC determined the defendants’ policy excludes from
coverage bodily injury or property damage arising out of snow and ice removal
work, and advised the defendants of same.
Defendant Premier Maintenance has separate
representation, and the undersigned counsel reminded Premier Concrete of MMIC’s
request to retain new counsel within 30 days from Jan. 4.
Premier Maintenance was apparently unwilling to retain
new counsel, so the undersigned counsel say they were forced to withdraw from
the case. Nelson said the withdrawal will not prejudice any of the parties and
can be done without adverse material effect.
After a brief continuance, a judicial order from Judge
John M. Younge approved Nelson’s withdrawal motion and stayed all proceedings
in the matter for 60 days, in order to provide Premier Concrete time to retain
On Jan. 9, 2015, defendants Premier Concrete and
Premier Maintenance Services of Broomall had a duty to clear the area outside
of Gate A-24 at Philadelphia International Airport, where Belgrave was working
as a Fleet Service Agent for U.S. Airways, loading and unloading airplane
baggage, the lawsuit says.
Belgrave allegedly slipped and fell as a result of icy
ground in the area, a dangerous condition the plaintiffs say was made possible
through the defendants’ failure to inspect, maintain or clear the area.
Plaintiffs Belgrave and his spouse Chaketa Evans of
Darby each filed charges of negligence and loss of consortium against each
defendant, Premier Concrete, Premier Maintenance Services and American Airlines
Group of Fort Worth, Texas.
The plaintiff is seeking damages jointly and
severally, in excess of $50,000 in this case.
The plaintiff is represented by Daniel A. Schwarz and
Daniel F. Ashton of Schwarz & Schwarz, in Philadelphia.
The defendants are represented by Brian P. Corcoran and
Susan M. Valinis of Reilly Janiczek & McDevitt, also in Philadelphia.
Philadelphia County Court of Common Pleas
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Reporter Nicholas Malfitano at firstname.lastname@example.org