PHILADELPHIA – A premises liability action will now be heard in the Montgomery County Court of Common Pleas, per order of a state court judge.
Gerard F. Lipski filed a motion for preliminary objections on Oct. 2, believing the Philadelphia County Court of Common Pleas was an improper venue for Sara Vazquez’s case against East Cedarbrook Plaza in Wyncote. (Pathmark Stores, Inc. and The Great Atlantic & Pacific Tea Company, initially listed as defendants in the action, were dismissed from the suit on Sept. 30)
Lipski argued the cause of action the lawsuit is based upon occurred in Wyncote, located in Montgomery County, which means the lawsuit can only properly be heard there. Lipski also pointed out the lack of connection between all parties involved to Philadelphia County, and sought a transfer of all proceedings to Montgomery County.
This past Monday, Judge John M. Younge approved Lipski’s motion and transferred the case to the Montgomery County Court of Common Pleas.
On July 15, 2014, Vazquez allegedly fell in the defendant’s parking lot, due to a dangerous condition present on the premises. Vazquez alleges the defendant’s failure to inspect, maintain or repair the defective condition in the parking lot.
The plaintiff is seeking damages in excess of $50,000, plus all costs and other relief in this case.
The plaintiff is represented by Alexander M. Kroupa in Philadelphia.
The defendants are represented by Gerard F. Lipski, also in Philadelphia.
Philadelphia County Court of Common Pleas case 150701073
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com