Nicholas Malfitano Aug. 9, 2016, 9:48am


PHILADELPHIA – A slip-and-fall lawsuit filed against Wal-Mart has been stayed for 60 days by a Philadelphia judge in order to provide the plaintiff in said action to obtain new counsel.

John C. Capek of Gerson Capek & Voron in Philadelphia, filed a motion for preliminary objections on June 23. Capek said the defendant alleged a lack of notice of any condition which may have caused plaintiff Bobby Baker’s fall and also accused Baker of contributory negligence.

Capek further said “differences of opinion” arose between himself and Baker as to the manner of Capek’s representation, which resulted on Capek being discharged as Baker’s counsel on May 18. As of that date, no scheduling conference had been slated. Capek instructed Baker he needed new counsel to represent him at that scheduling conference, or else he would be choosing to appear pro se. Capek provided Baker with his file and Case Management Memorandum per his request, and called on the Court to grant his withdrawal petition.

On Aug. 3, Judge Arnold L. New granted the petition and allowed Capek’s withdrawal from the case. New also stayed the matter for 60 days, in order for the plaintiff to retain new counsel.

On March 6, 2015, Baker was a customer at the Wal-Mart store located at 50 North MacDade Boulevard in Glenolden, when he was allegedly caused to trip and fall to the ground as a result of stepping on a wet cleaning cloth – not visible to him at the time, since he was pushing a shopping cart. Baker averred the defendant’s failure to inspect, maintain or properly clean the premises caused his fall.

Baker allegedly suffered full-body injuries, total spinal injuries, spinal stenosis, post-traumatic headache disorder and severe nervous shock.

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

The defendant is represented by Gwyneth R. Williams and Patrick J. McDonnell of McDonnell & Associates, in King of Prussia and Cherry Hill, N.J.

Philadelphia County Court of Common Pleas case 160203287

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

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