PHILADELPHIA – A slip-and-fall suit has yielded motions from both sides, with the defendants seeking a change of venue and the plaintiffs asking for alternative service of their complaint.
On behalf of defendants Kravco Inc. and Huntingdon Pike Company (doing business as Kravco Company) Joseph H. Riches filed a motion of preliminary objections on June 18.
As the subject incident occurred there and the defendants allegedly do not transact business in Philadelphia County, Riches’ motion seeks a venue transfer to Montgomery County. The motion also seeks all allegations of “recklessness and reckless conduct” stricken from the complaint.
From plaintiffs Christine and Robert McGlinn of Wayne, counsel Gerald B. Baldino filed a motion for alternative service on Aug. 31, in connection with defendant OnCall Contracting Service, based in Glenside.
Baldino’s motion explained an attempt to service OnCall with its listed address was unsuccessful on numerous occasions, leading an independent investigation to be conducted. That investigation yielded another address at 1245 Horsham Road in Ambler, though several attempts at service by the local Sheriff’s Department have also proven unsuccessful.
The plaintiffs allege OnCall is deliberately avoiding reception of the complaint.
A hearing in these matters was set for Wednesday at Philadelphia City Hall, in Court chambers.
The McGlinns’ lawsuit, filed in March, is in connection with an injury Christine allegedlysustained on Feb. 20, 2014. On that day, Christine was visiting the Huntingdon Valley Shopping Center in Abington, where she parked her car and walked towards the entrance of Rockledge Medical Associates.
Due to an accumulation of ice on the ground, she slipped and fell backwards, striking her head on the ground, the suit says.
The plaintiffs’ suit contends the negligence of the defendants, Kravco, Inc. and Huntingdon Pike Company (Kravco Company) of King of Prussia, C.M. Jones, Inc. of Devon, OnCall Contracting Services of Glenside and About Time Snow of Huntingdon Valley, was the cause of her fall.
The McGlinns allege their collective failure to inspect, repair and maintain the premises or warn visitors to the premises of the condition, constituted negligence on their parts. Further, the plaintiffs say no attempt at snow and ice removal in the shopping center parking lot had been made by C.M. Jones and OnCall Contracting Services for several days prior to Christine’s fall.
Christine McGlinn is seeking judgment, jointly and severally, in excess of $50,000 and compulsory arbitration limits, plus attorney’s fees, costs and other relief in this case. Robert McGlinn sues for loss of consortium, seeking compensatory damages in excess of $50,000, plus interest and costs.
The plaintiffs are represented by Timothy G. Daly, of Daly & Clemente in Phoenixville, and Gerald B. Baldino, of Sacchetta & Baldino in Media.
The defendants are represented by Warren F. Sperling in Philadelphia, Ralph A. Michetti in Doylestown, Joseph H. Riches of the Law Offices of Jeffrey Eiseman in Philadelphia and David R. Bronstein, of Bennett, Bricklin & Saltzburg in Philadelphia.
Philadelphia County Court of Common Pleas case 131100321
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com