Plaintiff counsel withdraws from trip-and-fall lawsuit citing client conflict

By Nicholas Malfitano | Apr 1, 2016

Philadelphia County Court Of Common Pleas  

PHILADELPHIA – Citing a conflict with his client, a plaintiff attorney has withdrawn from a slip-and-fall lawsuit whose subject action took place at a Philadelphia residence.

On Feb. 22, Andrew C. Smialowicz filed a motion to withdraw appearance, due to a conflict with Shenita Love-Davis of Festerville (also representing minor Sophia M. Love-Daniels in this action). In his withdrawal motion, Smialowicz said his conflict with Love-Davis couldn’t be expounded upon in the document, but instead at the bar of the Philadelphia County Court of Common Pleas, and this disagreement prevented him from being able to further represent Love-Davis.

Smialowicz sought a stay of all proceedings for 60 days, in order to provide Love-Davis with sufficient time to obtain new counsel.

On Tuesday, Judge Nina Wright Padilla granted Smialowicz’s withdrawal motion.

On Aug. 19, 2013, defendant Robert Britto of Maple Shade, N.J., allegedly allowed a dangerous condition to exist at a residence on the 5600 block of Greene Street in Philadelphia, specifically a loose and/or raised area of rug on an internal, unlit stairway. As a result, Love-Daniels allegedly fell to the floor and the plaintiffs argue the defendant’s failure to inspect, properly maintain or repair the stairway caused the accident.

Love-Daniels allegedly suffered a laceration requiring stitches, permanent scarring and other injuries in her fall.

The plaintiffs are seeking damages not in excess of arbitration limits plus interest and costs, with Love-Davis also seeking recovery of outstanding medical expenses in this case.

The defendant is represented by Joseph J. Stathius of Robert J. Casey Jr. & Associates, in Philadelphia.

Philadelphia County Court of Common Pleas case 150502659

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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