Nicholas Malfitano Aug. 29, 2016, 2:21pm


PHILADELPHIA – According to records in the Philadelphia County Court of Common Pleas, a premises liability lawsuit connected to an alleged fall at a McDonald’s restaurant in Ardmore has been settled.

Initially, Alexander M. Kroupa filed a motion to compel payment of settlement on May 25, explaining Richard Solomon’s case against Tanway Enterprises L.P. (doing business as McDonald’s) was settled on March 18 for $48,500, and about one year after the complaint was first filed.

At that time, the defendant requested the plaintiff provide it with a copy of a no-pay or final demand letter from Medicare – but in a March 24 email, Solomon’s counsel explained he was not a Medicare recipient. Kroupa said at that time the defense refused to send a settlement agreement for the plaintiff to execute. After several attempts at resolution, plaintiff counsel forwarded Solomon’s health insurance card, showing he’s not eligible for Medicare benefits until Sept. 18.

Kroupa is seeking the settlement fund amount of $48,500, plus interest at 4.25 percent beginning on the 21st day after the settlement agreement date of March 18, until the funds are distributed. Kroupa also seeks sanctions of $500, plus another $100 for each day the settlement funds do not arrive.

However, on Aug. 15, Kroupa filed a praecipe to withdraw the settlement compulsion motion – which was then followed by an order to settle, discontinue and end the litigation entirely on Aug. 24.

On July 30, 2013, Solomon was a customer at the Ardmore McDonald’s in question, when he says he was caused to slip and fall by the presence of a liquid substance which was allowed to remain on the floor. Solomon argued the defendant’s failure to remedy that condition directly caused his fall.

Solomon allegedly suffered a number of serious and permanent personal injuries in the accident.

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

The plaintiff is represented by Kroupa of Bishop Dorfman Kroupa & Bishop, in Philadelphia.

The defendant is represented by Mark A. Lockett and Sarah M. Baker of Bonner Kiernan Trebach & Crociata, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150302299

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

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