PHILADELPHIA – On Wednesday, a Philadelphia County Court of Common Pleas judge resolved both a motion to quash and a motion for a protective order that had been filed by defense counsel in a gas station slip-and-fall case.
On Nov. 25, Michael T. Droogan Jr. had filed a motion to quash a subpoena issued for Nancy Davidson, a cashier for the Speedway gas station where the parking lot fall sustained by plaintiff Kenneth Humphrey had taken place.
Droogan alleged ex parte communication had taken place between Davidson and plaintiff counsel, in addition to plaintiff counsel allegedly having attempted to secure Davidson to appear as a witness at an arbitration hearing in the case, without notifying defense counsel.
Droogan claimed these actions violated the Rules of Professional Conduct, and Davidson’s subpoena needed to be quashed.
Further, on Dec. 7, Droogan filed a motion seeking a protective order to preclude a deposition for Davidson being conducted, on similar supporting grounds as the motion to quash Davidson’s subpoena.
However, Judge Idee C. Fox resolved both motions, which were then withdrawn on Wednesday.
On Jan. 21, 2013, Humphrey was on the property of a Speedway gas station on East Chelten Avenue in Philadelphia, when he fell in the station’s parking lot, due to the alleged “negligence, carelessness and recklessness” of the defendants in failing to properly maintain the parking lot and prevent defects in the parking lot’s pavement.
The plaintiff is seeking damages not in excess of $50,000 from the defendants in this case.
The plaintiff is represented by Howard G. Silverman and James E. Murphy in Philadelphia.
The defendants are represented by Droogan of Litchfield Cavo, also in Philadelphia.
Philadelphia County Court of Common Pleas case 140902437
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com