PHILADELPHIA – Defense counsel for a Philadelphia woman sued for negligence has petitioned to be removed from representing her, after it was determined she no longer owned the property where a plaintiff claimed to have fallen in July 2012.
A hearing has been set for May 28 to consider a motion from attorney James L. Barlow to no longer act as a legal counsel for defendant Agnalda Long, which will be heard in chambers in the Philadelphia County Court of Common Pleas.
Philadelphia resident Andrea Fioravanti filed suit in March 2014, alleging negligence against the City of Philadelphia, Richard Long and Agnalda Long for a fall she suffered on the sidewalk outside 1525 Ritner Street. Fioravanti’s claim is that a broken pole protruding from the sidewalk caused her to trip and hit the ground.
According to the lawsuit, the defendants were collectively negligent in not remedying the condition of the sidewalk pole or informing pedestrians of the hazard it presented, through a posted sign or barricade.
Fioravanti suffered a patella tear, back and other permanent injuries in the accident, according to court records. The plaintiff is seeking not in excess of $50,000 in this case, jointly and severally from all defendants.
Fioravanti’s original complaint listed Richard Long and Agnalda Long as the co-owners of the Ritner Street property, but it was learned during the case’s discovery period that Agnalda Long vacated the premises in January 1997 and divorced Richard Long in May 2005.
The Longs’ divorce decree bestowed the Ritner Street property unto Richard at that time along with all the responsibilities therein, according to defense counsel.
Subsequent to the suit’s filing, Truck Insurance Exchange, the company that insured the Ritner Street property, explained it was not providing any funds for Agnalda Long’s defense counsel – as Richard Long, in his capacity as sole owner, was the only one who could collect on the insurance benefits his policy afforded.
Richard Long passed away last December.
Thus, Barlow’s petition asked for him to be removed as counsel for Agnalda Long, while still representing the late Richard Long and allowing her time to retain new counsel.
The plaintiff is represented by William Calandra, in Philadelphia.
The defendants are represented by James L. Barlow in King of Prussia, and William B. Shuey, Stephen C. Josel and Brad R. Krupnick in Philadelphia.
Philadelphia County Court of Common Pleas case 140304225
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com
Woman named as landlord-defendant in trip-and-fall does not own property
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