Nicholas Malfitano Jul. 11, 2016, 2:51pm


PHILADELPHIA – According to a Philadelphia County Court of Common Pleas judge, a personal injury lawsuit against a Wyncote-based salon will be transferred to the Montgomery County Court of Common Pleas.

Michael B. Gerstein filed a motion for preliminary objections on April 1, for reasons of insufficient pleading with respect to the allegations of negligence raised by Stephanie Hendrick against Xquisite Hair Design.

Gerstein said Hendrick did not specify what products or services injured her, and without this information, counsel is unable to assess liability considerations of the manufacturers of the chemicals and products essential to the defense – which lacked specificity under Pennsylvania law.

Gerstein also argued there was no basis for proceeding with the case in Philadelphia County, since the cause of action took place in Montgomery County instead.

On July 7, Judge Arnold L. New, transferred the case to Montgomery County with all costs to be paid by the plaintiff, and decreed any other preliminary objections will be heard in that forum instead.

On April 19, 2014, Hendrick was a customer at the salon and she claims they improperly applied chemicals and hair products from hair washes, dyes, relaxers and/or straighteners, resulting in burns and hair loss.

The plaintiff is seeking damages in excess of $50,000, plus interest, delay damages, taxable costs, plus any and all other relief. 

The plaintiff is represented by E. Merritt Lentz and Amy A. Senerth of Golkow Hessel, in Philadelphia.

The defendant is represented by Gerstein of Bennett Bricklin & Saltzburg, also in Philadelphia.

Philadelphia County Court of Common Pleas case 160201027

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

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