A lawyer representing retailer Home Depot in a personal injury case filed this spring by a
Northeast Philadelphia woman has filed a petition at U.S. District Court to transfer the matter from a Pennsylvania court to the federal venue.
Attorney Kenneth M. Dubrow, who practices with the Philadelphia-based Chartwell Law Offices, filed a removal notice last week seeking to move a civil action initiated against Home Depot USA Inc. by Philadelphia resident Oksana Kredens from the Philadelphia Common Pleas Court to the Eastern District of Pennsylvania.
The defense attorney cites the amount of damages sought by the plaintiff and her husband – $100,000 – as the justification for the transfer.
The jurisdictional limit for civil cases in state court is $50,000.
Philadelphia lawyer Henry Yampolsky, of the firm Galfand Berger, filed suit on behalf of Oksana and Valeriy Kredens back in April over allegations that the wife sustained severe head and neck injuries after being struck by a falling advertising display that was located outside of the Home Depot store at 11725 Bustleton Avenue in Northeast Philadelphia.
Oksana Kredens claims she was walking near the outside display on April 5, 2011, when she was struck by the object.
As a result of the incident, the plaintiff claims she sustained a concussion and traumatic brain injury, extensive nerve damage, cardiac problems, neck and back injuries, anxiety, depression, humiliation and ample pain and suffering.
Oksana also maintains she and her husband incurred a large amount of medical bills relating to the woman’s treatment of her injuries.
Home Depot is accused of negligence for failing to properly anchor and secure the advertising display, failing to warn business invitees of the dangerous condition that existed on the premises, and creating a public nuisance, along with other alleged acts of negligence.
The complaint also contains a count of loss of consortium on the part of Valeriy Kredens, who claims the incident has led to him being deprived of his wife’s comfort, companionship, services, assistance and earnings.
The state case ID number is 130400529.
The federal case number is 2:13-cv-03501-GP.