PHILADELPHIA – After a brief continuance, plaintiff counsel for an inmate allegedly injured in a Philadelphia prison kitchen more than four years ago is still planning to withdraw from the litigation.
Rania M. Major filed a motion to withdraw appearance on Dec. 10, due to irreconcilable differences which have arisen between her and her client, Philadelphia resident Barry Lee. Major said the differences involve the lack of meaningful communication between herself and Lee, and he currently cannot be found.
Major commented that representation of Lee had been “made unreasonably difficult and professional considerations require her to withdraw.” Major is seeking a 60-day stay of all proceedings in the case, in order for Lee to have sufficient time to secure new counsel.
After a two-week continuance delayed proceedings, a hearing in this matter was set for Thursday in Court chambers, at Philadelphia City Hall.
On March 16, 2011, Lee was assigned to work at the conveyor belt-style dishwasher machine in the kitchen of Curran-Fromhold Correctional Facility. Lee argues he was caused to slip on the floor by water leaking from the connection area of a nearby hose and faucet in the kitchen wall, along with soapy water leaking and splashing from the dishwasher itself.
The plaintiff believes the failure of the defendants to keep the kitchen area safe and its equipment in proper working order led to his accident, and alleges separate counts of negligence against each defendant in the suit; the City of Philadelphia, Aramark Corporation, Aramark Correctional Facility Services and U.S. Facilities, Inc.
Lee allegedly suffered strain and sprain of his lumbar and thoracic spine and right knee, plus ligament tears, a concussion and a scar on the right side of his forehead.
The plaintiff is seeking, jointly and severally, damages not in excess of $50,000, plus interest and delay damages in this case.
The defendants are represented by Thomas J. McKenzie Jr. and Amy L. Recupero of Marshall Dennehey Warner Coleman & Goggin, Elizabeth A. Chalik and Craig J. Renitsky of Marks O’Neill O’Brien Doherty, plus Sharon E. Ulak, all in Philadelphia.
Philadelphia County Court of Common Pleas case 130302415
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com