Nicholas Malfitano Jun. 28, 2016, 9:41am


PHILADELPHIA – Defense counsel representing a day care facility embroiled in a premises liability lawsuit has been permitted to withdraw from that case, citing a conflict with his client, and activity in the litigation will resume in August.

Tariq K. El-Shabazz of El-Shabazz & Harris filed a motion to withdraw his appearance on March 15, on behalf of representing Personal Touch Childcare Services, Inc. and its owner Yolanda Edwards, due to “fundamental disagreement” between El-Shabazz and the defendants.

Due to attorney-client privilege, El-Shabazz could not elaborate on the exact nature of the disagreement, but explained if the Court required further information, it could be provided through an ex parte conference.

According to El-Shabazz, his client has picked up her entire case file and any further correspondence connected to the case received at his office has been hand-delivered to his client. Though, El-Shabazz said his client has not yet secured alternate counsel.

On June 2, Philadelphia County Court of Common Pleas Judge John M. Younge approved El-Shabazz’s petition to withdraw from the suit and ordered all proceedings in the case stayed for 60 days.

On May 13, 2014, plaintiff Sheila Jones says she tripped and fell due to broken and uneven pavement on the premises of Personal Touch Childcare Services, in Philadelphia. Jones sued the facility, East Chelten Property Associates and the City of Philadelphia, all for separate counts of personal injury-related negligence.

Jones asserted the defendants failed to inspect, maintain or correct the dangerous condition on the premises, and failed to comply with city laws and building codes. Jones allegedly suffered a fracture in her left foot and spinal injuries in the fall.

The plaintiff is seeking judgment versus all defendants in excess of $50,000, plus all costs and other relief in this case.

The plaintiff is represented by Marc F. Greenfield of Spear Greenfield & Richman, in Philadelphia.

The defendants are represented by J. Brian Durkin of the City of Philadelphia and Matthew P. Mann in Trevose.

Philadelphia County Court of Common Pleas case 150803196

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

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