Nicholas Malfitano Jul. 26, 2016, 1:45pm


PHILADELPHIA – A preliminary objection to change the venue of a premises liability lawsuit against a Folcroft-based maintenance company proved successful in the Philadelphia County Court of Common Pleas this week.

David M. Schwadron filed a motion for preliminary objections on April 28, seeking the case filed by Cynthia Silverthorn of Springfield against Distinctive Maintenance Services, Inc. transferred to the Delaware County Court of Common Pleas.

Schwadron argued both the plaintiff and defendant reside and/or are otherwise based in Delaware County, and none of them conduct business in Philadelphia County – leaving the former as the only appropriate venue for the case to be heard. Schwadron added Silverthorn did not join the owner of the subject premises as a defendant in this action.

On July 20, Judge Arnold L. New granted Schwadron’s objections motion and transferred the case to Delaware County court.

On Sept. 11, 2014, Silverthorn was on the premises of 501 Sharon Avenue in Collingdale when she was caused to fall as a result of an alleged defective condition, consisting of a slippery substance on a cafeteria floor. Silverthorn alleged the defendant’s failure to correct this condition was the proximate cause of her accident.

Silverthorn says she suffered various physical injuries, including a left thumb ulnar collateral ligament tear and left thumb MP joint dislocation requiring surgery. Silverthorn alleged she may have suffered permanent disability and impairment of her earning power and capacity.

The plaintiff is seeking damages in excess of $50,000 and in excess of arbitration limits from the defendant in this case.

The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.

The defendant is represented by Schwadron of Romando Zirulnik Sherlock & DeMille, in Mount Laurel, N.J.

Philadelphia County Court of Common Pleas case 160202427

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

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