Nicholas Malfitano Jul. 28, 2016, 2:50pm


PHILADELPHIA – A personal injury lawsuit concerning a local food bank organization has been stayed for 90 days, pending an assignment and securing of new plaintiff representation.

Brian P. Pincus of Kanter Bernstein Kardon filed a motion to withdraw appearance on March 28 due to information he said would make his continued counsel unethical, and Pincus added plaintiff Montez Lamone understood his position and agreed to seek new counsel.

Pincus said if he remained in the case, he would be presented with “an ethical dilemma” that may violate rules of the Supreme Court of Pennsylvania, and be required to spend money to carry out representation to its conclusion – which Pincus added would make his and Lamone’s relationship “involuntary” and representation impossible.

On July 27, Judge John M. Younge decreed Pincus’s withdrawal motion was approved, and stayed all proceedings in the case for 90 days, in order to allow for Lamone to secure new counsel.

On Jan. 8, 2014, Lamone (employed by Trillium Staffing Solutions), was called upon to deliver food through Philabundance to certain beneficiaries, including an area church, and was given a pallet jack and a truck to unload the pallets of food on delivery.

Allegedly, Philabundance had no working pallet jack and had to use a broken one which was required to be operated manually – in other words, for Lamone to use his foot to operate the arm and raise the pallet. While attempting this manual operation, the load on the pallet shifted and Lamone was knocked from the truck to the concrete below, it is alleged.

Lamone allegedly suffered lumbosacral radiculopathy, lumbosacral strain and sprain, herniated lumbar discs, lumbar vertebral fracture, nerve damage and nervous system shock.

Lamone’s lawsuit against Philabundance says it failed to inspect, maintain or repair the pallet jack, failed to provide a safe pallet jack, violated safe practices, and failed to supervise and safeguard those contracted to perform its work.

The plaintiff is seeking damages in excess of $50,000 in this case.

The defendant is represented by Kevin R. McNulty & John A. Dougherty of Gerolamo McNulty Divis & Lewbart, also in Philadelphia.

Philadelphia County Court of Common Pleas case 151202057

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

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