PHILADELPHIA – A plaintiff originally looking to file suit against a Philadelphia liquor establishment and the Pennsylvania Liquor Control Board is required to seek new legal representation.
Plaintiff Warren Lacy’s litigation against the Philadelphia-based Wine & Spirits Store and the Pennsylvania Liquor Control Board in Harrisburg began with the filing of a Writ of Summons on Oct. 22.
In response, on Nov. 3, defense counsel Kristen D. Lawfer of the Pennsylvania Attorney General’s Office, filed a praecipe for a rule to order Lacy to file a complaint within 20 days or face a Judgment of Non Pros.
However, Lacy’s then-counsel, Kenneth S. Saffren of Saffren & Weinberg in Jenkintown, filed a miscellaneous motion in the Philadelphia County Court of Common Pleas to withdraw his appearance on Nov. 11.
Saffren cited “litigation pitfalls” that exist in the case, based on both the facts and the sovereign governmental immunity enjoyed by the Commonwealth of Pennsylvania.
Saffren said he filed the Writ of Summons to “protect the plaintiff’s interests” and permit him time to seek new counsel if he wanted to pursue the matter. However, Saffren said he has not heard from any new counsel secured by Lacy and he will not file a complaint in this matter.
Saffren explained he had “irreconcilable differences” with Lacy and sought a stay of proceedings while Lacy obtained new counsel.
On Tuesday, Philadelphia County Court of Common Pleas Judge Linda Carpenter approved Saffren’s withdrawal petition and stipulated Lacy to file a complaint in this matter by March 22, or the case may be dismissed. Carpenter added the previously scheduled arbitration hearing set for July 22 remains for that date, although Carpenter said a continuance may be requested.
The defendants are represented by Lawfer in Philadelphia.
Philadelphia County Court of Common Pleas case 151002286
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com