Nicholas Malfitano Aug. 4, 2016, 2:27pm


PHILADELPHIA – Defense counsel in a slip-and-fall lawsuit originating from a Springfield Township apartment complex has successfully argued that the case should be transferred to the Delaware County Court of Common Pleas.

Kaitlin DeCrescio Ding filed a motion for preliminary objections on May 5, for reasons of improper venue – since the subject cause of action in Margaret M. Crosby’s premises liability litigation took place in Delaware County.

Ding added defendants Rolling Green Apartments of Springfield Township and Shooster Development Company of Media do not conduct business in Philadelphia County as alleged, and have not done so since 1997 – therefore, Ding argued the chosen venue was improper and the appropriate forum would be the Delaware County Court of Common Pleas.

On Aug. 3, Judge Arnold L. New granted Ding’s objections as to the subject of venue, leading the case to be transferred to Delaware County court, with all costs to be paid for by Crosby.

On Feb. 14, 2014, Crosby was on the defendants’ premises when she was supposedly caused to slip and fall due to the presence of a dangerous condition comprised of ice and snow – specifically, on the sidewalk and steps thereon while walking to her vehicle parked on the street, directly in front of Building 5 of Rolling Green Apartments. Crosby averred a failure to inspect, maintain or clean the premises of said ice and snow or provide proper lighting or egress, led to her fall.

Crosby allegedly suffered leg injuries in the fall, namely to her left distal femur. The plaintiff is seeking damages in excess of $50,000 from the defendants in this case.

The plaintiff is represented by Kenneth R. Schuster of Schuster Law, in Media.

The defendants are represented by Ralph P. Bocchino and Ding of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia.

Philadelphia County Court of Common Pleas case 160101868

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

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