PHILADELPHIA – After a three-week continuance, a motion hearing in a negligence case against a condominium complex, property management and landscaping companies is set to proceed in the Philadelphia County Court of Common Pleas.
In a trio of motions for preliminary objections filed on June 22, June 30 and Sept. 3, Mark J. Connor, John A. Livingood Jr. and Ralph A. Michetti each argued that the accident causing Kryzysztof Dembinski of Doylestown to sue the following defendants should be heard in Bucks County, and not the “improper” venue of Philadelphia County.
The defendants are Patriots Ridge Condominium Complex of Warrington; Patriots Ridge Homeowners Association of Doylestown; David Brill Landscaping of Perkasie; Continental Property Management of Warrington and CPM Property Management of Southampton.
Originally scheduled to take place on Oct. 13, a hearing on the trio of preliminary objection motions related to venue was set for Wednesday at Philadelphia City Hall, in Court chambers.
On Jan. 5, 2014, Dembinski slipped and fell on a patch of ice and snow in the condo complex, which accumulated through the defendants’ collective negligence in their failure to inspect, maintain or clear the property, the complaint says.
Allegedly, Dembinski suffered a right hip fracture for which he underwent surgery; injuries to his lower back, right hip, right thigh and right groin pain; exacerbation of lumbar radiculopathy; injuries to his bones, muscles, nerves, tissues and ligaments; permanent scarring; difficulty walking; and orthopedic, neurological or psychological injuries. Dembinski also required injections, home nursing care and physical therapy, he says.
The plaintiffs are each seeking a sum, jointly and severally, in excess of $50,000 from each defendant, plus interest and costs from all defendants in this case. Stefania Dembinski is suing each defendant for loss of consortium, for identical damages.
The plaintiffs are represented by Robert N. Braker of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.
Philadelphia County Court of Common Pleas case 150501632
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com