PHILADELPHIA – The timeliness of preliminary objections has become the subject of debate in an apartment slip-and-fall case originating at a residential complex in Upper Darby.
Defense attorney Sarah M. Baker filed a motion for preliminary objections on April 12, claiming the action initiated by Rose Bryan should be sent to Delaware County – based on the fact that Bryan and defendants Barrington Garden Apartments and St. Sai Realty, LLC are both based there, and the subject incident occurred there.
Further, Baker stated the allegations for a “defective condition” should be stricken for not containing any elaboration on what the condition was and where it was located on the premises, and the phrase “including, but not limited to” relating to Bryan’s injuries should be stricken with prejudice for vagueness.
Later that same day, plaintiff counsel Marc T. Sacchetta filed his own objections in response to Baker’s. Sacchetta argued Baker’s objections were made on April 11, 75 days after service of the complaint was made – and 55 days after the deadline time limit in which to make preliminary objections, which is 20 days. Sacchetta said the untimeliness of this filing should make the objections subject to dismissal.
On Jan. 1, 2015, Bryan says she was lawfully on the defendant’s premises at 144 Barrington Road in Upper Darby, when she was caused to trip and fall due to a dangerous and defective condition. Bryan claimed a failure to remedy this condition caused her fall.
Bryan allegedly suffered several injuries, including those to her left knee and left wrist, plus nervous system shock, physical pain and mental anguish.
The plaintiff is seeking damages, jointly and severally, in excess of $50,000 and in excess of the amount requiring compulsory arbitration in this matter.
The plaintiff is represented by Sacchetta of Sacchetta & Baldino, in Media.
The defendants are represented by Baker and Naomi A. Plakins of Bonner Kiernan Trebach & Crociata, in Philadelphia.
Philadelphia County Court of Common Pleas case 151202511
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org