PHILADELPHIA – Legal counsel for a Southampton nail salon is seeking for a premises liability lawsuit filed against it to be transferred to the Bucks County Court of Common Pleas.
Meghan M. Bissell filed a motion for preliminary objections on Sept. 8, for reasons of improper venue. Bissell felt the case brought by plaintiff Dorothy Tkacz of Warminster against Southampton-based Nail Glamour and Philadelphia-based Nail Glamour, Inc. should be transferred to Bucks County, due to both the subject accident taking place there and Tkacz residing there at the time her complaint was filed.
Philadelphia County Court Of Common Pleas
Bissell added the two defendants “have no business relationship”, arguing Nail Glamour, Inc. of Philadelphia was only added to the case as a defendant for purposes of “improper forum shopping” and hasn’t been served with the official complaint in this litigation.
A hearing in this matter was set for this past Wednesday in Court chambers, at Philadelphia City Hall. Judge John M. Younge ordered the hearing for the Tkacz to show why preliminary objections for improper venue shouldn’t be sustained.
On Oct. 12, 2013, Tkacz alleges she was a customer of Nail Glamour in Southampton and slipped and fell, due to water on the floor of the shop. Tkacz alleged the shop’s failure to inspect and properly maintain the premises led to her fall and subsequent injuries. Tkacz allegedly suffered injuries to her right thigh, back and other injuries in the fall.
The plaintiff is seeking damages in excess of $50,000, plus interest, costs and other relief in this case.
The plaintiff is represented by Sean M. Fulmer of Schatz & Steinberg, in Philadelphia.
The defendants are represented by Bissell of the Law Offices of James L. Barlow, in King of Prussia.
Philadelphia County Court of Common Pleas case 150800615
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com