Nicholas Malfitano Sep. 2, 2016, 12:00pm


PHILADELPHIA – A number of preliminary objections first made by a now-former member of defense counsel in a case involving McDonald’s have been rendered moot, now that McDonald’s has been dismissed from the lawsuit entirely.

Sarah M. Baker filed a motion for preliminary objections on May 23, seeking McDonald’s to be dismissed from plaintiff Eltoro Shaw’s slip-and-fall lawsuit; one which involved a number of other businesses. Baker also wanted all allegations of recklessness and for punitive damages dismissed, since there was allegedly not a presence of “outrageous conduct” needed for a finding of punitive damages.

Baker added the complaint was served improperly at 101-109 South 52nd Street in Philadelphia, when in fact, McDonald’s corporate headquarters is located at their registered business address in Oak Brooks, Ill.

On Aug. 31, Judge Arnold L. New cancelled the scheduled hearing set to decide the outcome of Baker’s preliminary objections, and noted all parties decided to dismiss McDonald’s from the litigation entirely. Therefore, Baker’s objections were made moot.

On April 18, 2014, Shaw was injured in a fall on the sidewalk at or near 101-109 South 52nd Street in Philadelphia – upon which, there was a broken signpost, knocked-down pole or an otherwise dangerous condition. Shaw claimed a failure to inspect, maintain or repair the sidewalk created said condition.

Shaw suffered full-body injuries, including a right eye hematoma, ankle sprain and strain, chronic headaches, orthopedic injuries and neurological injuries.

The plaintiff is seeking damages, individually, jointly and severally, in excess of $50,000 in this case.

The plaintiff is represented by William T. Lawson III of Louis B. Himmelstein & Associates, in Philadelphia.

The defendants are represented by William B. Shuey of the City of Philadelphia’s Law Department and Elizabeth Horneff of Margolis Edelstein, both in Philadelphia.

Philadelphia County Court of Common Pleas case 160300710

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

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