PHILADELPHIA – A Philadelphia judge recently denied a defense attorney’s attempt to send a gas station scaffold fall case to the Chester County Court of Common Pleas.
Susan M. Valinis of Reilly, Janiczek & McDevitt filed a motion for preliminary objections on April 11, seeking a transfer of Samuel Garner’s lawsuit to Chester County court or another proper venue. Valinis said the plaintiff would have 30 days to have the matter dismissed and refiled in the proper venue.
Additionally, Valinis claimed the matter needs to be dismissed for violation of the two-year statute of limitations and for legal insufficiency of the pertinent claims – due to a perceived failure to allege the duty defendant TekSolv, Inc. owed to plaintiff, how they breached the duty and how such breach caused the plaintiff’s injuries. Valinis left the case in late May.
On July 20, Judge John M. Younge stated through judicial order that Valinis’s preliminary objections made on behalf of TekSolv were overruled.
On Dec. 11, 2013, Garner was employed by Tradesmen International, Inc. as a carpenter. On that date, Garner was assigned to a job at a Sunoco gas station in Phoenixville. While there, he fell off scaffolding that he felt had been constructed improperly. Teksolv and Sevan allegedlyconsulted on, constructed and/or supervised the scaffold’s construction.
Garner allegedly suffered a left closed pilon fracture requiring surgical reduction and application of external fixator, complete tears of the suprastinus and infraspinatus of the left shoulder, plus other injuries to his head, neck, back and torso extremities, plus their bones, cells, tissues, discs, muscles, cartilage, nerves and functions, plus shock and injury to nerves and nervous system. The lawsuit termed these as “permanent, irreparable and severe” injuries.
Garner alleged Teksolv of Greensburg and Sevan Multi-Site Solutions of Downers Grove, Ill. failed to provide a safe work environment, properly construct scaffolding and violating various statutes, codes and regulations regarding same.
The plaintiff is seeking damages, jointly and severally, in excess of $50,000 in this case.
The plaintiff is represented by Louis Podel in Philadelphia.
The defendants are represented by Thane C.J. Trotman of The Law Office of J. Mark Pecci, also in Philadelphia.
Philadelphia County Court of Common Pleas case 151200656
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org