Nicholas Malfitano Jul. 21, 2016, 2:30pm


PHILADELPHIA – Per an order from a Philadelphia judge, a motor vehicle accident case filed in Philadelphia has been transferred to the Chester County Court of Common Pleas.

Krishna S. Bhavsar Varma filed a motion for preliminary objections on Jan. 12, explaining the subject incident in the case brought by Larosa Davis-Baptiste of Glen Mills did not take place in the City of Philadelphia, nor is any party to this action based in Philadelphia County.

On May 15, Judge John M. Younge sustained Varma’s preliminary objections and ordered the case transferred to Chester County court for further proceedings.

“It is further ordered that the Prothonotary of Philadelphia shall forward to the offices of the Prothonotary of Chester County, all certified copies of docket entries, process, pleadings, depositions and all other legal papers filed in this action. All costs and fees for the transfer and the removal of the record are hereby attached to the plaintiff,” Younge said.

Subsequent docket entries show plaintiff counsel Marc I. Simon filed a praecipe to transfer the case to the Chester County Court of Common Pleas, pursuant to Younge’s order. The records in question were transmitted to Chester County on June 16, according to the case’s court docket.

On Oct. 28, 2014, Davis-Baptiste was driving on West Chester Pike in West Chester, where at the same time, defendant Kevin White also operated a vehicle owned by fellow defendants Anthony Kitt of East Norristown, Fred Beans Ford Lincoln of West Chester and Fred Beans Holdings, Inc. of Doylestown. According to the plaintiff, a collision subsequently occurred, due to White’s negligent driving.

Davis-Baptiste suffered “various serious and permanent personal injuries, impairment of bodily function, serious disfigurement and aggravation of pre-existing conditions.” Per the suit, the plaintiff also incurred vehicle damage and injury expenses in excess of the Pennsylvania Motor Vehicle Financial Responsibility Law (PMVFRL).

The plaintiff sued for negligence against White, plus multiple counts of negligent entrustment and respondeat superior theory of liability against the remaining defendants.

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

The plaintiff is represented by Simon of Simon & Simon, in Philadelphia.

The defendants are represented by Bhavsar Varma of William Ferren & Associates plus Matthew C. Wilson of Forry Ullman, also in Philadelphia.

Philadelphia County Court of Common Pleas case 151101587

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

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