Nicholas Malfitano Jul. 11, 2016, 2:56pm


PHILADELPHIA – Motions for preliminary objections and to dismiss a lawsuit connected to a plaintiff’s injurious sinkhole-related fall have been overruled and denied, respectively.

Lati W. Spence filed a motion for preliminary objections on March 28, seeking transfer of Swedesboro, N.J. residents Lucia Piscoglio and William Carey’s lawsuit to the Montgomery County Court of Common Pleas, since the defendant’s property manager at the time, Community Management Service Group, is based in Horsham and does not manage any properties in Philadelphia County.

Spence added the alleged incident took place in Swedesboro, N.J., and therefore, the case should be transferred.

Further, Kevin E. Monastra filed a motion to dismiss on May 23, since the events took place entirely in New Jersey and no transaction or occurrence in the matter took place in the state of Pennsylvania. Monastra said the case had no connection to this jurisdiction and should be dismissed for re-filing in New Jersey, before the two-year statute of limitations runs out on Aug. 3.

On July 17, Philadelphia County Court of Common Pleas Judge Arnold L. New denied the motion to dismiss and overruled the preliminary objections directing the plaintiff to file an amended complaint with a verification attached, after which the defendant shall file an answer to that amended complaint within 20 days.

On Aug. 3, 2014, Piscoglio was walking on the grounds owned, maintained and controlled by the defendants, located at the Lexington Mews Condominium property. But, a sinkhole caused Piscoglio to trip and fall, resulting in serious and permanent injuries to her head, neck, back, arms and legs, as well as to the bones, ligaments, muscles and nerves connected thereto, the lawsuit says.

The plaintiffs are each seeking damages in excess of $50,000, plus attorney’s fees, costs of suit and other relief in this case, for charges of negligence and loss of consortium from Carey, specifically.

The plaintiffs are represented by Patrick J. Rodden of Rodden & Rodden, in Philadelphia.

The defendants are represented by Laurianne Falcone and Spence of Marshall Dennehey Warner Coleman & Goggin, plus Monastra of Bonner Kiernan Trebach & Crociata, all in Philadelphia.

Philadelphia County Court of Common Pleas case 160300125

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

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