Plaintiffs attorney withdraws from wrongful death action

By Nicholas Malfitano | Nov 5, 2015

Joshua B. Schwartz  

PHILADELPHIA – A plaintiff attorney in a medical malpractice action wishes to withdraw from the matter, which has yet to result in the filing of a formal complaint.

Joshua B. Schwartz of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck in Philadelphia, filed a motion to withdraw his appearance on Sept. 1. Schwartz stated he informed his client Jambul Kukava that he could not represent him in his medical malpractice case, brought on behalf of decedent Ella Kukava.

Though, Schwartz filed a Writ of Summons in the matter on June 15, and subsequently reissued on July 2, July 30, Aug. 25, Sept. 21 and Oct. 19. Schwartz said he made this accommodation in order for Kukava to seek alternate counsel and still preserve the case, as the statute of limitations was set to expire in June.

Kukava’s Writ of Summons was filed against Emergency Associates, Inc. of Harrisburg, Mercy Health System of Southeastern Pennsylvania in Conshohocken, and Nazareth Physician Services, Roosevelt Emergency Physicians, Nazareth Hospital and Mercy Health Care System, all of Philadelphia.

Schwartz said he and Kukava agreed that Schwartz would withdraw his representation on Sept. 1, regardless of whether Kukava had secured alternate counsel yet. Since no trial date had been set, Schwartz argued there would be no “undue prejudice” associated with his withdrawal.

Counsel for the defendants made rules to force the filing of a complaint from Kukava – and several, but not all, of the defendants agreed to defer their filings for a Judgment of Non Pros until after Schwartz withdrew from the action, and any stay accompanying the withdrawal is lifted. Along with his withdrawal motion, Schwartz is seeking a 60-day stay of all legal proceedings in the action.

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

The defendants are represented by Frederic Roller, Mary Kathleen B. McGrath May and Michelle I. Moses of Marshall Dennehey Warner Coleman & Goggin; Thomas J. Johanson and Kristy L. Krasowski of Marks O’Neil O’Brien & Courtney; Frank A. Gerolamo and Daniel J. Divis of Gerolamo McNulty Divis & Lewbart, all in Philadelphia.

Philadelphia County Court of Common Pleas case 150600733

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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