Attorney: Client went to bathroom during deposition, never came back

By Nicholas Malfitano | Sep 21, 2015

Min-Sun Kim  

PHILADELPHIA – Plaintiffs attorneys in a motor vehicle crash action have petitioned the Philadelphia County Court of Common Pleas to remove themselves as counsel of record.

Duane L. Lassiter and Min-Sun Kim of Lassiter & Associates in Philadelphia, filed a motion with the Court on Aug. 12 explaining that their client, Mustafa Salaam of Philadelphia, had ceased cooperating with them over the course of his lawsuit. 

Kim said Salaam interrupted giving his court-ordered deposition earlier this summer by asking to use the bathroom, but did not return to complete the deposition. Salaam maintained no contact with his counsel until July 28, when he promised to appear for the conclusion of his deposition on Aug. 3.

Kim said she had a conversation with Salaam on July 30, during which she explained the possible consequences for him and his case if he did not finish the deposition.

On Aug. 3, Salaam did not appear for the remainder of his deposition and he later contacted his counsel to state he would not complete the deposition, while giving no reason for his lack of cooperation. Kim concluded there were now “irreconcilable differences” between herself and Lassiter, and Salaam, necessitating hers and Lassiter’s withdrawal from the case. 

A hearing in this matter was set for Thursday at Philadelphia City Hall, in Court chambers.

Salaam’s lawsuit, filed in January, is in response to a motor vehicle accident he was injured in nearly two years before. 

The suit alleged on Feb. 1, 2013, Salaam was a passenger in a vehicle stopped at the 400 block of Adams Avenue in Philadelphia. Salaam claimed defendant Ayanna Broomes of Willow Grove, drove too fast exiting a gas station and struck the open passenger door of the vehicle Salaam was riding in. Salaam claims Broomes’s speeding, out-of-control driving, inattention and failure to operate her vehicle safely caused the accident. 

The plaintiff is seeking individually, jointly and severally, a sum not in excess of $50,000, plus costs and delay damages in this case.

The defendant is represented by John A. DeRose and Beth A. Carter, of Bennett, Bricklin & Saltzburg, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150103937

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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