Withdrawal motion approved and proceedings stayed 60 days in sidewalk fall case

By Nicholas Malfitano | Jun 3, 2016

PHILADELPHIA -- A defense counselor who previously cited “major disagreements” with his client in a sidewalk fall premises liability lawsuit has been permitted to leave the case, per an order from the Philadelphia County Court of Common Pleas.

Leo M. Flynn of Martins Mill Legal Center in Cheltenham filed a motion to withdraw appearance on March 18, on account of the “disagreements” in question. Further, Flynn stated defendant Kiril Dolgopolov only paid half of the agreed-upon retainer to date -- which led him to require Dolgopolov to pay the remainder of the initial retainer and a second retainer for further handling of his case. According to court records, the defendant in question had not paid these amounts. Flynn also pointed to a “breakdown in communication” as a reason for his withdrawal.

On May 24, Judge John M. Younge ordered Flynn’s withdrawal motion approved, and that all proceedings in the case be stayed for 60 days.

Back on Oct. 10, 2014, the plaintiff, Toni Latimer, was walking on the sidewalk at 1416-1418 North 52nd Street in Philadelphia, where she believed an uneven portion of that same sidewalk caused her to fall and become injured. Allegedly, this section of the sidewalk was owned, controlled and maintained by the Skeete defendants.

Alternatively, Latimer said if it was determined the address where she actually fell was determined to be 5208 Harlan Street, that section of the sidewalk was owned, controlled and maintained by defendant Dolgopolov. Nonetheless, Latimer further alleged the City of Philadelphia failed to act to repair the sidewalk in question.

Latimer suffered injuries requiring surgery to her right ankle, foot, leg, right wrist and hand. Subsequently, Latimer filed her negligence lawsuit against the city, the Skeetes and Dolgopolov.

The plaintiff is seeking damages in excess of $50,000, plus interest, costs, counsel fees and other relief in this case.

The plaintiff is represented by Marc A. Weinberg of Saffren & Weinberg in Jenkintown.

The defendants are represented by Peter W. Baker of the City of Philadelphia’s Law Department and Curtis P. Cheyney III of Wetzel Gagliardi & Fetter in West Chester.

Philadelphia County Court of Common Pleas case 150600368

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com.

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