Attorney initially moves to withdraw from fitness center injury case, then rescinds withdrawal

By Nicholas Malfitano | May 27, 2016

PHILADELPHIA – A plaintiff attorney who initially filed to withdraw from a premises liability lawsuit involving a sauna at a L.A. Fitness gym in Pottstown, moved to rescind that same withdrawal motion.

Michael Malvey first filed a motion to withdraw his appearance on April 5, due to supposed irreconcilable differences between himself and clients Tamara Peirce and Allan Sandler. Malvey further sought a 90-day stay of all proceedings while the plaintiffs secured new counsel.

However, on Tuesday, Malvey filed a praecipe to rescind his original motion to withdraw appearance.

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

On Nov. 8, 2013, Peirce entered the women’s sauna at the L.A. Fitness in Pottstown and stepped onto a bench which doubled as a step. At that time, Peirce’s foot went through the step, causing her injury. Peirce alleged the defendants’ failure to inspect, maintain or repair the steps was the proximate cause of her injury.

Peirce suffered a fracture of the distal fifth metatarsal with displacement and various injuries to her buttocks, lower back and right ankle. Peirce sued defendants Fitness International, LLC (doing business as L.A. Fitness) of Irvine, Calif., Ames Construction, Inc. of Ephrata and Am-Finn Sauna & Steam of Eagle, Idaho for negligence, with Sandler suing those same defendants for loss of consortium.

The plaintiffs are seeking damages in excess of $50,000, plus interest, costs and other relief in this case.

The plaintiffs are represented by Michael Malvey of Galfand Berger and Geoffrey B. Gompers of The O’Hanlon Law Firm, in Philadelphia.

The defendants are represented by John Ehmann, John C. McMeekin II and David J. Samlin of Rawle & Henderson and James F. Lynn of Bonner Kiernan Trebach & Crociata, all also in Philadelphia.

Philadelphia County Court of Common Pleas case 150302321

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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