Nicholas Malfitano Sep. 2, 2016, 12:01pm


PHILADELPHIA – A defense attorney in a slip-and-fall lawsuit originating in Chester made a number of objections relating to the choice of venue in that legal action, which resulted in a successful change of that venue.

Andrew B. Adair filed a motion for preliminary objections on June 13, namely for reasons of improper venue. Adair said plaintiff Thomas Beauford resides in Delaware County (Chester), the subject cause of action took place there and defendant Definitive Properties does not conduct business in Philadelphia. Adair stated the venue was clearly improper and the case should be transferred to the Delaware County Court of Common Pleas.

Adair added Beauford failed to disclose the existence of an identical lawsuit which had been filed in Delaware County court. Though it was later discontinued, Adair said at one time, Beauford continued to pursue identical lawsuits over the same incident in the Courts of Common Pleas located in both Philadelphia County and Delaware County, while allegedly concealing the former litigation.

On Aug. 31, Judge Arnold L. New decreed the matter would in fact be transferred to the Delaware County Court of Common Pleas, with all costs of the transfer to be borne by the plaintiff.

On March 10, 2015, Beauford was on the defendant’s premises at 1426 West Congress Street in Chester, when he was allegedly caused to slip and fall on the snow and ice located in the driveway and/or on the property. Beauford alleges the defendant’s failure to inspect, maintain or clear the snow and ice, or comply with city and state building codes.

Beauford suffered a number of serious, permanent and personal injuries in the fall, according to his counsel.

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

The plaintiff is represented by Marc I. Simon of Simon & Simon, in Philadelphia.

The defendant is represented by Adair, Gerald J. Valentini and Christopher C. Negrete of Deasey Mahoney & Valentini, also in Philadelphia.

Philadelphia County Court of Common Pleas case 160201403

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

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