Nicholas Malfitano Jul. 21, 2016, 2:29pm


PHILADELPHIA – Defense counsel has added a Doylestown landscaping company to a slip-and-fall lawsuit emanating from Huntingdon Valley, who has approximately three weeks to respond to that legal action.

John M. Guthrie filed a motion for preliminary objections on Feb. 10, for reasons of improper venue – since the subject cause of action in Orlando Soriano’s premises liability litigation took place in Montgomery County.

Guthrie added Soriano also resided there at the time of the accident and the defendants resided in Bucks County, with the lawsuit having no connection to or no conduct occurring in Philadelphia County. Guthrie stated the venue was clearly improper and the case should be transferred to the Court of Common Pleas in either Montgomery County or Bucks County.

On May 27, Judge John M. Younge announced Guthrie’s objections as to the subject of venue were overruled, leading the case to remain in the Philadelphia court system.

Moreover, Guthrie filed a joinder complaint on July 11 to include Doylestown-based Gold Leaf Landscaping as an additional defendant in this matter. Gold Leaf Landscaping is required to respond to the joinder complaint within 20 days.

On Feb. 18, Soriano was on the defendants’ premises when he was supposedly caused to slip and fall due to the presence of ice and snow – specifically, in the rear parking lot adjacent to Ben and Irv’s Deli/Restaurant, in Huntingdon Valley. Soriano averred a failure to inspect, maintain or clean the parking lot led to his fall.

Soriano allegedly suffered a number of acute traumatic injuries, such as a cerebral concussion, cervical and lumbar spine sprain and strain, cervical and lumbar radiculopathy and arthritis in both shoulders.

The plaintiff is seeking damages in excess of $50,000, plus costs and other relief in this case from defendants Tom Pileggi Associates, Inc. of Philadelphia, Just-A-Farm Shopping Center and Tom Pileggi individually, both in Warrington.

The plaintiff is represented by Michael P. Kane of Rizio Hamilton & Kane, in Philadelphia.

The defendants are represented by Guthrie of the Law Offices of James L. Barlow, in King of Prussia.

Philadelphia County Court of Common Pleas case 151104572

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

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