A harness driver's personal injury suit against Harrah's will remain at the Philadelphia
Court of Common Pleas, according to a ruling by a common pleas judge.
The judge denied a request by the defendants to transfer to Delaware County the pending case in which harness driver Anthony Coletta alleges that the Harrah's Chester-based track was 'dangerously defective' and posed a threat to the safety of the drivers and their horses.
In the civil action, Coletta's complaint alleges that the track owner-operator, despite knowing of the hazardous conditions, failed to take corrective measures that could have prevented the Nov. 17, 2013 collision because it did not want to spend the necessary time or money.
In an effort to transfer the case from Philadelphia County to Delaware County, lawyers for the defendants argued that all of the track's operations are located in the suburban county. In issuing its order, the Court adopted that Philadelphia is the appropriate venue in which to try Coletta's case.
Plaintiff attorneys Michael F. Barrett and Joseph G. DeAngelo asserted that defendant, Chester Downs & Marina, LLC, maintained a registered office address at 1621 Wood St., Philadelphia, 19103, at the time the suit was filed, despite defendant's attempts to argue otherwise.
"We are pleased with the decision of the Court and look forward to trying the case on behalf of Mr. Coletta in Philadelphia," said Barrett.
DeAngelo noted that Coletta continues to receive medical care, including rehabilitation therapy, as a result of suffering multiple fractures, brain and skull injuries after being thrown then trampled.