PHILADELPHIA – Two members of defense counsel in a parking lot slip-and-fall case feel the matter is in an improper venue and want the suit sent to Bucks County.
John G. Devlin Jr. filed a motion for preliminary objections on July 31, seeking Warminster resident Sheila Osborne’s lawsuit be transferred to Bucks County and/or dismissal of the complaint with prejudice.
Devlin argued since the accident took place in Warminster, located in Bucks County, and the plaintiff and witnesses reside there, venue is only proper in that forum.
Devlin added Osborne’s litigation “does not identify the actionable alleged negligence of the defendants and fails to state a claim.”
Frederick T. Lachat Jr. also filed a motion for preliminary objections on Oct. 28, also wanting the case transferred to Bucks County for similar reasons as Devlin pointed out.
A hearing in this matter was set for Wednesday in Court chambers, at Philadelphia City Hall.
On Dec. 16, 2013, Osborne slipped and fell on ice and snow in the parking lot of Fox Run Apartments, and asserted negligence on the parts of the defendants in not inspecting or maintaining the parking lot, and not removing the ice and snow caused her accident.
Osborne suffered injuries to her ankle, foot and leg, as well as severe shock to her nerves and nervous system, she says.
In May, Osborne sued the following defendants for negligence: Fox Run Apartments in Warminster, FHG Companies and About Time Snow Removal of Huntingdon Valley; Dominic’s Landscaping of Dresher, and Christiana Properties of Lancaster, plus The Westover Companies, FR Associates, 365 Newtown, Eva Maria Weissenberger and Guntram Weissenberger, all of King of Prussia.
The plaintiff is seeking a sum, jointly and severally, in excess of arbitration limits in this case.
The plaintiff is represented by Jeffrey M. Rosenbaum and Ryan Cohen of Rosenbaum & Associates, in Philadelphia.
The defendants are represented by Ralph A. Michetti in Doylestown, Lachat of Margolis Edelstein and Devlin of Devlin Associates, both in Philadelphia.
Philadelphia County Court of Common Pleas case 150502414
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com