Nicholas Malfitano Jul. 28, 2016, 2:52pm


PHILADELPHIA – The liability lawsuit filed against a York grocery store will be headed to its home county court’s jurisdiction, per a successful motion from the case’s defense attorney and an order from a Philadelphia judge.

Anthony L. Provost filed a motion for preliminary objections on April 20, arguing plaintiff Kenia M. Feliz and defendants C-Town Supermarket and M&M Groceries, Inc. are all based in York, and have no connection to Philadelphia, whether residential or commercial. Further, Provost argued the subject accident at hand took place in York County.

On July 22, Judge Arnold L. New sustained Provost’s objections and ordered the matter transferred to the York County Court of Common Pleas, with all costs to be paid by the plaintiff.

On Aug. 19, 2014, Feliz was shopping at the C-Town Supermarket when she allegedly slipped and fell due to a dangerous accumulation of liquid on the floor of the premises. Feliz averred a failure from the defendants to inspect, maintain or repair the condition created on the floor directly led to her accident.

Feliz allegedly suffered a fracture of the right distal fibular, a concussion with post-concussion syndrome, strain and sprain of her entire spine, plus other injuries to her right leg, head and spine.

The plaintiff is seeking damages in excess of jurisdictional arbitration limits from all defendants in this case.

The plaintiff is represented by Richard T. Kupersmith of Haggerty Goldberg Schleifer & Kupermsith, in Philadelphia.

The defendants are represented by William D. Longo and Provost of Margolis Edelstein, also in Philadelphia.

Philadelphia County Court of Common Pleas case 160204483

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

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