Counsel seeks dismissal of pothole fall suit, or transfer to Delaware County court

By Nicholas Malfitano | Mar 21, 2016

Philadelphia City Hall  

PHILADELPHIA – A former member of defense counsel in a negligence lawsuit sought dismissal of the litigation or alternatively, its transfer to the Delaware County Court of Common Pleas.

Matthew Taitelman of Zarwin Baum DeVito Kaplan Schaer & Toddy in Philadelphia filed a motion for preliminary objections on Dec. 11, seeking dismissal of Pamela Hastings’ lawsuit against Hamilton Towers, LP, Green Forest Apartments, Green Forest, LLC and Miriam R. Russi.

Alternately, Taitelman sought transfer of the suit to the Delaware County Court of Common Pleas and/or engagement in discovery to determine connection of the parties to Philadelphia County, if any. Taitelman argued both the subject incident took place and the defendant parties were based in Delaware County and not Philadelphia County, so the chosen venue was improper in his view.

Taitelman was excused from representation in the suit on Jan. 14.

A hearing in this matter was set for this past Wednesday in Court chambers, at Philadelphia City Hall.

On Nov. 11, 2013, Pamela Hastings was injured by a pothole on the premises of a property in the Green Forest Apartments, located on the 300 block of East 24th Street in Chester, she says. Hastings alleged the defendants’ failure to inspect, maintain or repair the premises caused her fall.

Hastings allegedly  suffered a left ankle fracture and other physical and mental injuries in the fall.

The plaintiff is seeking damages in excess of $50,000 and in excess of arbitration limits in this case.

The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.

The defendants are represented by Theodore M. Schaer and Keith G. Gomer of Zarwin Baum DeVito Kaplan Schaer & Toddy, in Philadelphia.

Philadelphia County Court of Common Pleas case 151100429

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

More News

The Record Network