Nicholas Malfitano Aug. 16, 2016, 11:39am


PHILADELPHIA – A plaintiff’s attorney says irreconcilable differences with his client are the key factor behind his decision to withdraw from that client’s accident litigation.

Marc F. Greenfield filed a motion to withdraw appearance on behalf of himself and his firm, Spear, Greenfield, Richman & Weitz, claiming that he and his client David Anderson had irreconcilable differences regarding the progress of the lawsuit. Greenfield said he set a meeting with Anderson to discuss the situation, but Anderson allegedly did not show up. Thus, Greenfield requested to withdraw as Anderson’s attorney.

On Aug. 10, Judge Linda Carpenter decreed the motion was denied without prejudice, for future raising following the scheduled arbitration hearing in this matter, set for Aug. 30 in the Arbitration Center at 1880 JFK Boulevard.

On Christmas Day 2013, Anderson was a passenger in a parked motor vehicle owned by former defendant Thalia Gainer, at or near 63rd and Arch Streets in Philadelphia. At the same place, date and time, defendant Gulshan Trikha of Upper Darby operated a vehicle owned by fellow defendant, Aman & Karn, Inc. The suit claims Trikha negligently operated his vehicle and caused a collision, which injured Anderson.

Anderson says he suffered strain and sprain of his cervical and thoracic vertebrae in the crash, and incurred medical bills in excess of the recoverable amount provided by the Pennsylvania Motor Vehicle Financial Responsibility Law (PMVFRL) and Workers’ Compensation benefits, for which Anderson makes a claim in the present action.

The plaintiff is seeking damages not in excess of $50,000, plus all costs and relief the court deems necessary. However, if the arbitration hearing outcome is appealed, the plaintiff demands a jury trial with damages in excess of $50,000.

The plaintiff is represented by Greenfield in Philadelphia.

The defendants are represented by James DeCinti of Pion Nerone Girman Winslow & Smith, in Harrisburg.

Philadelphia County Court of Common Pleas case 150601338

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

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