Philly prisoner seeking new counsel for slip-and-fall suit

By Nicholas Malfitano | Jun 18, 2015

PHILADELPHIA – According to court records, an incarcerated man in the Philadelphia correctional system is seeking new counsel to represent him in a negligence action against the city.

Osvaldo Fontecchio, of Batt & Gross in Philadelphia, notified the Philadelphia County Court of Common Pleas on May 6 of his intention to withdraw from the duty of representing his client, Timothy Miller of Chester. Miller is currently an inmate housed at the SCI Graterford correctional facility in Graterford.

According to Fontecchio, his withdrawal centers on Miller’s wish to obtain new counsel. A hearing on that motion will take place on June 17 at Court chambers in Philadelphia City Hall.

Miller filed suit against the city in July 2013 for an accident that took place two years earlier. On July 24, 2011, Miller was an inmate at the Curran-Fromhold correctional facility in Philadelphia and descending a stairwell to reach the Day Room, when he fell due to a liquid substance on the steps, he says.

Miller allegedly suffered a right hand fracture in the accident, which he claims required extensive therapy and medical treatment. Miller also alleges to have sustained embarrassment, humiliation and emotional distress from the incident.

The plaintiff is seeking not in excess of $50,000, plus interest, court costs and delay damages in this case.

The defendant is represented by Marie J. Bush of the City of Philadelphia Law Department, in Philadelphia.

Philadelphia County Court of Common Pleas case 130603242

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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