Nicholas Malfitano Jul. 19, 2016, 2:21pm


PHILADELPHIA – Plaintiff counsel who argued conflicts with his client prevented him from further representing that client in their injury lawsuit against a local Shop-Rite supermarket, has received his wish to withdraw from the litigation.

Marc I. Simon filed a motion to withdraw appearance on June 1, having decided during the prior week that he could not continue to be the attorney of record for plaintiff Regina Lacey in her action against Brown’s Super Stores, Inc. Shop-Rite Supermarkets, Inc. and Wakefern Food Corp.

Simon pointed to irreconcilable differences with Lacey over the “course, direction and scope” of the litigation and explained if the Court required more information as to the reasons for his withdrawal, an in-camera discussion of them could be ordered, in the interest of not violating attorney-client privilege.

On July 14, Judge Linda Carpenter decreed Simon’s withdrawal motion was granted, and stipulated Simon would file a praecipe to withdraw as counsel and attach an affidavit of service certifying the order has been sent to the client – and updating the prothonotary with new address information for which all further notices will be sent to Lacey.

Carpenter explained all case management deadlines associated with the case would remain in effect, including an arbitration hearing slated for Sept. 22.

On July 9, 2014, Lacey was shopping at the Shop-Rite located on Island Avenue in Philadelphia when she says she was caused to slip and fall on a liquid substance which spilled onto the floor. Lacey claims the supermarket failed to inspect the store surface and make sure it was safe for customers to walk on, and the resulting fall caused her to suffer unspecified serious and permanent personal injuries.

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

The defendants are represented by Catherine S. Straggas of Margolis Edelstein, in Philadelphia.

Philadelphia County Court of Common Pleas case 150702626

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

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