Defense counsel withdraws preliminary objections in Montgomery County slip-and-fall suit

By Nicholas Malfitano | Feb 26, 2016

Philadelphia City Hall  

PHILADELPHIA – Counsel for a pair of defendants who filed preliminary objections as to the venue surrounding a slip-and-fall case have withdrawn those same objections.

On Oct. 2, James D. Cella originally filed a motion for preliminary objections, stating the venue of the Philadelphia County Court of Common Pleas was improper to hear Wyndmoor plaintiff Imana A. Legette’s case against Gabriel and Jacklyn Jahn of Washington, Dan Helwig Realtors in Flourtown and Prudential Fox & Roach Realtors in Philadelphia.

Cella’s motion stated the Jahns reside in Washington County, Dan Helwig Realtors are based in Montgomery County, and the cause of action the suit is based upon also occurred in Montgomery County. Based on this rationale, Cella sought the case be transferred to the Montgomery County Court of Common Pleas.

However, on Feb. 11, Cella filed a praecipe to withdraw these same objections. Therefore, the hearing in this matter scheduled for this past Monday in Court chambers at Philadelphia City Hall was cancelled.

On Feb. 7, 2015, Legette alleged the defendants controlled a property on the 8800 block of Duveen Drive in Wyndmoor. It was at this property where Legette was caused to fall through the defendants’ negligence in failing to inspect, maintain or repair the defective condition present on the stairs, she says.

The plaintiff is seeking damages in excess of $50,000 from the defendants in this case.

The plaintiff is represented by Leonard K. Hill and Susan B. Ayres of Hill & Associates, in Philadelphia.

The defendants are represented by Michael R. Harding and Karen M. Ashdale, plus Cella of McCormick & Priore, all in Philadelphia.

Philadelphia County Court of Common Pleas case 150600009

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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