Nicholas Malfitano Aug. 4, 2016, 2:28pm


PHILADELPHIA – According to a defense attorney in a Delaware County-based premises liability lawsuit, the Philadelphia County Court of Common Pleas is not the proper forum in which to hear the case, and he has filed an objectionary motion to that effect.

William P. Barrett filed a motion for preliminary objections on May 24, saying the accident comprising the basis for Marquita Dupree’s suit took place in Delaware County, and the defendant does not own property or conduct business in Philadelphia County. Barrett added Dupree made a “baseless allegation” to the contrary and never served the defendant in Philadelphia, and there continues to be no affidavit of service affirming this.

Barrett said the venue was not proper and the case should be transferred to the Delaware County Court of Common Pleas, with all transfer costs to be paid by the plaintiff.

On Jan. 9, 2015, Dupree was on the defendant’s premises at 15 Garrett Road in Upper Darby when she says she sustained severe personal injuries, due to a dangerous and defective entranceway. Dupree says the defendant’s failure to inspect, maintain, repair or warn visitors to the premises caused the accident, and the defendant is vicariously liable for the negligent acts of its employees.

Dupree allegedly suffered various injuries, including a fractured right hip, requiring surgery.

The plaintiff is seeking damages, jointly and severally, in excess of $50,000 and in excess of the amount requiring compulsory arbitration.

The plaintiff is represented by Craig A. Falcone of Sacchetta & Falcone, in Media.

The defendant is represented by Barrett in Philadelphia.

Philadelphia County Court of Common Pleas case 160202250

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

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