PHILADELPHIA – Attorneys for a Springfield automobile dealership allege a negligence suit filed against it has no base in Philadelphia County and want it transferred to Delaware County.
On July 23, Joseph M. DeMarco filed a motion for preliminary objections related to venue, alleging “none of the five bases for venue” in this case have evidence for being heard in Philadelphia County, and the subject incident taking place in Delaware County means the action should be heard there.
A hearing in this matter was set for Oct. 28 in Court chambers, at Philadelphia City Hall.
On May 12, plaintiff John Park of Clifton Heights was car shopping at the Springfield Ford car dealership and perusing cars in the dealership’s lot, when he tripped and fell on a broken section of asphalt in a pedestrian walkway, he says.
In June, Park sued defendants Springfield Ford in Springfield and Ford Leasing Development Company in Harrisburg for negligence, and his spouse Leslie Ann Park also sued for loss of consortium.
John Park allegedly suffered traumatic injury with internal derangement of the left shoulder and right ankle, and “exacerbation of pre-existing, military-related post-traumatic stress disorder, contusions and abrasions of the left knee and left ankle, traumatic injury to the left knee and a lower back injury.
The plaintiffs are seeking judgment, jointly and severally, in excess of $50,000 and compulsory arbitration limits in this case.
The plaintiffs are represented by Gerald B. Baldino of Sacchetta & Baldino, in Media.
The defendants are represented by Joseph M. DeMarco and Kristen E. Lizzano of March Hurwitz & DeMarco, also in Media.
Philadelphia County Court of Common Pleas case 150601906
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com