Attorneys for a movie theater being sued by a Philadelphia woman who claims she broke her leg after slipping on the theater’s wet restroom floor are seeking to transfer venue from state to federal court.
Gregory P. Voci, an attorney from the Philadelphia firm of Baginski, Mezzanotte, Hasson & Rubinate, who is representing Regal Entertainment Group, filed a notice of removal with the U.S. District Court for the Eastern District of Pennsylvania March 19 seeking to transfer the personal injury case to federal court.
Eileen Sheil is suing the Tennessee-based movie theater company for injuries she allegedly sustained after slipping on a pool of water that had accumulated on the floor of the woman’s room at the Regal Entertainment theater located at 4777 West Chester Pike in Newtown Square, Pa.
The alleged incident, which occurred on Aug. 21 2011, caused Sheil to sustain a fractured leg, as well as nerve, muscle and tissue damage, all of which caused her to expend large sums of money on medical treatment, according to her lawsuit, which was originally filed Feb. 17 at the Philadelphia Court of Common Pleas by Philadelphia attorney Edward F. Silva.
The civil action accuses the defendant of negligence and carelessness for allowing the floor of the movie theater restroom to remain in a dangerous condition and failing to provide protections and safeguards for patrons.
In his removal notice, attorney Voci states that federal jurisdiction is proper because of the diversity of citizenship of the parties involved and because Sheil seeks damages in excess of the state court’s jurisdictional limits.
The federal case number is 2:12-cv-01390-LS.