PHILADELPHIA – A plaintiff counsel's motion to stay proceedings in a premises liability action against Family Dollar, Inc. was withdrawn, with the complaint being filed shortly thereafter.
On April 8, Robert Astrachan filed such a stay motion, pending the production of a surveillance camera videotape from Family Dollar, showing activity inside the store for the entire business day of June 18 of last year.
Astrachan added Harrisburg-based plaintiff Karina Vargas initially requested the tape on July 12, and the tape is necessary to plead her allegations of negligence.
Then on Monday, Astrachan filed a praecipe to withdraw the motion to stay proceedings after only three days, having received the videotape from the defendant. Astrachan filed a complaint on behalf of Vargas the following day, this past Tuesday.
On June 18 of last year, Vargas was shopping at a Family Dollar in Philadelphia, when she says she slipped and fell on a dangerous condition near the store entrance, causing her to be seriously injured. Vargas argued the condition had been there for some time, and the defendant’s failure to correct it led to her fall and subsequent injuries.
Vargas allegedly suffered a left tibia fracture, left fibula fracture, great physical pain and mental anguish.
The plaintiff is seeking damages in excess of $50,000, plus interest and costs in this case.
The plaintiff is represented by Astrachan of Zajac & Arias, in Philadelphia.
The defendant is represented by Louis Hockman of Mintzer Sarowitz Zeris Ledva & Meyers, also in Philadelphia.
Philadelphia County Court of Common Pleas case 160301948
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com