PHILADELPHIA – A local judge has denied defense counsel’s request to withdraw from a premises liability case that was initiated as a result of serious injuries allegedly incurred from a sidewalk fall in Philadelphia.
Kim L. Michaels of Styliades Mezzanotte & Hasson filed a motion to withdraw appearance on May 25, on behalf of defendant Chrishawn Construction Company in Fort Washington. Michaels said she mistakenly entered appearance for the construction company, after already doing so for fellow defendants Richard and Marie McIlvain, also of Fort Washington, and requested that appearance for Chrishawn be nullified.
On Aug. 9, Judge John M. Younge of the Philadelphia County Court of Common Pleas ruled the withdrawal motion was denied, and specified the petitioner failed to appear at the rule return hearing.
On Feb. 18, 2014, the defendants owned and controlled property at or near 7033 Ridge Avenue. Plaintiff Giuseppina DiGiacomo says she was caused to fall due to broken and uneven sidewalk at that address, in addition to unremoved snow, slush and ice.
DiGiacomo charged a failure to inspect, repair or maintain the sidewalk, fix the level of the concrete, remove the ice and snow or correct the other alleged code violations involved caused the circumstances of the accident. DiGiacomo allegedly suffered full-body injuries, orthopedic injuries, strain and sprain of her entire spine, right knee and muscle spasms as a result of the fall.
The plaintiff is seeking negligence-related damages, individually, jointly and severally against all four defendants, in excess of $50,000 in this case.
The plaintiff is represented by Louis B. Himmelstein of Louis B. Himmelstein & Associates and Joshua L. Gilman of Styliades Mezzanotte & Hasson, both in Philadelphia.
The defendants are represented by Michaels of Styliades Mezzanotte & Hasson, also in Philadelphia.
Philadelphia County Court of Common Pleas case 151100356
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com