Nicholas Malfitano Jun. 24, 2016, 1:19pm


PHILADELPHIA – The Philadelphia County Court of Common Pleas has approved a plaintiff attorney’s request to withdraw from a nursing home injury action which to date, has yet to proceed to official status as a filed complaint.

David B. Sherman of Solomon Sherman & Gabay filed a motion to withdraw appearance on May 4, citing a lack of contact and communication from his client and plaintiff, Robert Cruz. Sherman added all mail, telephone calls and other methods of contact with Cruz were unsuccessful.

Sherman disclosed his last verified contact with Cruz was back on Sept. 4, 2014, when Cruz said he was undergoing home-based therapy for the injuries he suffered in the instant cause of action. Cruz allegedly received the injuries when he was a patient at Philadelphia Nursing Home several years ago, when a bed closed on his legs.

On June 17, Judge Linda Carpenter approved Sherman’s withdrawal motion, and instructed him to file a praecipe for official withdrawal as counsel within 10 days of the judicial order in question.

This litigation was initiated on March 28 through the filing of a Writ of Summons and served to defendants Philadelphia Nursing Home and Fairmount Long Term Care on March 31. Four weeks later, on April 28, defense counsel Rasheen N. Davis issued a rule to file a complaint on Cruz, directing him to compile and serve a complaint within 20 days, or suffer a Judgment of Non Pros in the case.

Court records indicate a follow-up complaint was not yet filed in the instant litigation, through an arbitration hearing has been set in this matter for later this year, on Dec. 22 in the Arbitration Center on JFK Boulevard in Philadelphia.

The defendants are represented by Davis of Marshall Dennehey Warner Coleman & Goggin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 160302544

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

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