PHILADELPHIA – Best Western International, Inc. is seeking to strike a $95,000 default judgment entered against it in December, due to alleged improper service of the lawsuit connected to the judgment.
Lisa N. Cialino filed a motion to strike the judgment on Jan. 8, charging plaintiff Kelli Ingram Fofana and her counsel did not properly serve a copy of their complaint to BWI. Cialino said the complaint was served on June 3 of last year at the Best Western Plus Independence Park Hotel in Philadelphia (not the location of the accident in question), but the resulting affidavit failed to identify exactly who the complaint was served to.
Cialino said BWI is based in Phoenix. and says it had no notice of Ingram Fofana’s lawsuit. However, a default judgment was found in the plaintiff’s favor for $95,000 on Dec. 2. Next, the defense said a letter from plaintiff counsel providing notice of the judgment, sent to BWI in Phoenix, served as the first official notice of the lawsuit in general.
Cialino emphasized the Best Western Plus Independence Park Hotel and BWI are separate entities, and that BWI does in fact have a listed address in Harrisburg for the purpose of proper complaint service in the state of Pennsylvania.
A hearing in this matter was set for this past Wednesday in Court chambers, at Philadelphia City Hall.
On Aug. 11, 2013, the defendants were alleged to have allowed a dangerous condition of standing water on the floor in, around and outside the elevator inside the Best Western hotel in Woodbridge, Va. This alleged condition caused Ingram Fofana to trip, fall and be violently thrown down due to this same dangerous condition – and the plaintiff argued the defendant’s failure to inspect, maintain, repair or warn visitors to the premises of the condition caused this accident.
Ingram Fofana allegedly suffered a right knee medial meniscus tear, severe chondromalacia patellae, right hip trochanteric bursitis, contusion of the hip and knee, plus other injuries and conditions.
The plaintiff is seeking a jury trial, damages in excess of $50,000, plus interest and costs in this case.
The plaintiff is represented by Jerry Lyons of Joseph Chaiken & Associates, in Philadelphia.
The defendant is represented by Charles W. Spitz and Cialino of Post & Schell, also in Philadelphia.
Philadelphia County Court of Common Pleas case 150501352
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org