Defense says Delaware-based negligence lawsuit has no place in Philadelphia

By Nicholas Malfitano | Oct 5, 2015

Jeffrey L. Oster  

PHILADELPHIA – A slip-and-fall plaintiff has no right to file her Delaware-based claim in Philadelphia, attorneys for the defense argue.

Melissa H. Paris of Freiwald Law filed a motion for preliminary objections on June 26, asserting the case Milton, Del., resident Charyce Pompetti brought against Royal Farms Company of Baltimore, Md., had no basis to be heard in the Philadelphia County Court of Common Pleas.

With Pompetti being from Delaware, the accident in question taking place in Delaware and the defendant based in Maryland, Paris asserted Pompetti’s claim should be dismissed outright and called her allegations “vague and baseless.”

On July 29, Paris withdrew from the litigation and was replaced by Jeffrey L. Oster.

A hearing in this matter is set for Wednesday at Philadelphia City Hall, in court chambers.

On Oct. 7, 2013, Pompetti asserts she slipped and fell on wet tile inside the Royal Farms store in Ellendale, Del., due to the defendant’s negligence in not clearing the tile or warning visitors of that hazardous condition.

Pompetti suffered severe and permanent injuries in her left shoulder, left knee and left ankle in the accident; specifically, a torn left rotator cuff, torn meniscus in her left knee and fractured left ankle.

The plaintiff is seeking judgment in excess of $50,000 in this case.

The plaintiff is represented by D. Scott Bonebrake of Noel & Bonebrake in Media.

The defendant is represented by Maureen E. Daley and Jeffrey L. Oster of Rawle & Henderson in Philadelphia.

Philadelphia County Court of Common Pleas case 150601501

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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