Chester supermarket chain claims improper venue in negligence suit

By Nicholas Malfitano | Jun 30, 2015

Warren F. Sperling  

PHILADELPHIA – The defendants in a negligence action are claiming the venue for the case is improper, leading to an upcoming hearing on the matter in the Philadelphia County Court of Common Pleas.

On that day, attorneys for Sam & Sam Meats, Sam & Sam Meats Supermarkets, both of Chester, and Olympic Supply of Yeadon, will argue that the pending negligence litigation they’re facing is not being heard in its proper venue. Since the action occurred in Chester and the relevant businesses are based there, defense counsel has argued the case is not proper in the Philadelphia County Court of Common Pleas and should instead be heard in the Delaware County Court of Common Pleas.

A hearing on the matter is set for Court chambers at Philadelphia City Hall on Wednesday.

This proceeding is in connection with a slip-and-fall incident that took place at a Sam & Sam Meats supermarket on May 9, 2013.

At approximately 2:30 p.m. that day, Wilmington, Del., resident Sharon Key was walking inside the supermarket when she came into contact with an upturned welcome mat and fell to the floor – the second incident of a customer being felled by the mat that day, per the lawsuit.

Key’s suit levies charges of negligence against Sam & Sam Meats, for not warning customers or fixing the condition of the upturned mat, especially since another customer had fallen from it earlier that same day.

Key suffered a closed head injury, a head hematoma and tinnitus, plus injuries and pain to her back, neck and shoulders, in addition to psychological and orthopedic injuries in the fall. Key also alleges she has suffered a loss of earnings capacity resulting from the accident.

Her spouse, Lorenzo Key, also of Wilmington is included in the lawsuit against the defendants for loss of consortium, in regards to his wife.

The plaintiffs are each seeking a judgment in excess of $50,000 in compensatory damages, delay damages, interest and court costs.

The plaintiffs are represented by John A. Mattiacci, Jr., in Moorestown, N.J.

The defendants are represented by Warren F. Sperling of Bennett Bricklin & Saltzburg, in Philadelphia.

Philadelphia County Court of Common Pleas case 150201167

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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