Defendants fighting to transfer slip-and-fall cases out of Philadelphia

PHILADELPHIA – Hearings to determine proper venue have been set in the case of an East Norriton man suing an apartment complex management company for a fall he allegedly suffered on their property, and for a Philadelphia man who initiated litigation for a fall he supposedly sustained at an office park in Bala Cynwyd.

In a lawsuit filed in January, Ira Glanc claims he was walking through the parking lot of the Timberlake Apartments in King of Prussia on Jan. 28, 2013, when he slipped and fell as a result of ice which had collected in a pothole on the property.

Glanc alleges Timberlake Apartment Associates was negligent in not inspecting or maintaining the parking lot, repairing the pothole, or at least warning tenants and visitors to the complex of its presence.

In his fall, Glanc claims to have suffered a “fractured right fibula with prominent ecchymosis” and swelling over the lateral melleollus, plus edema of the right foot. Glanc allegedly incurred medical costs, loss of work, and continuous pain.

Glanc seeks in excess of $50,000 against Timberlake Apartment Associates and their related management entities.

However, the defendants soon filed preliminary objections to Glanc’s lawsuit, with the chief one being the question of venue.

As the Timberlake Apartments are located in King of Prussia, the defense argued that its location within Montgomery County, and not Philadelphia County, made the filing improper with respect to the chosen venue.

The defense further contended since the plaintiff resides in Montgomery County the alleged fall took place in Montgomery County and the defendants’ businesses are all principally based in Montgomery County, which is where it feels the litigation should be heard.

The plaintiff is represented by Jeffrey S. Gillman of Gold, Silverman & Goldenberg in Philadelphia.

The defendants are represented by Michael D. Dankanich of Zarwin Baum DeVito Kaplan Schaer & Toddy in Marlton, N.J.

Likewise, an objection on the subject of venue was also heard this week in a similar case originating in the Philadelphia County Court of Common Pleas.

Philadelphia resident Thomas Stauton filed suit in January against The Triad Plaza and their related management entities for a fall he supposedly sustained at their location in Bala Cynwyd.

Stauton claims to have fallen on April 14, 2013, while exiting from the plaza’s parking garage, as a result of a “dangerous condition” on the premises, which he claims the defendants were negligent and remiss in repairing.

Stauton claims to have suffered injuries to his leg, hip and knee, along with aggravation of pre-existing injuries, and to have incurred large and continuing medical costs for treatment in the process.

Stauton demands judgment jointly and severally against all defendants, in excess of arbitration limits.

On March 2, counsel for the defense filed preliminary objections, also related to venue.

They contend since Triad Plaza and its management companies are located within and do business in Montgomery County, in addition to the alleged fall taking place there, that the Montgomery County Court of Common Pleas would be the proper place in which to hear the case.

The plaintiff and his counsel filed a counter-request to conduct depositions in order to verify the origin and principal location of the defendants’ business activities.

The plaintiff is represented by Jeffrey M. Rosenbaum and Ryan Cohen of Rosenbaum & Associates in Philadelphia.

The defendants are represented by Lynda M. Volpe of The Law Offices of J. Mark Pecci, II, also in Philadelphia.

Hearings on these matters were scheduled for May 20, at court chambers in Philadelphia City Hall.

Philadelphia County Court of Common Pleas cases 140501877 & 150200012

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