PHILADELPHIA – After consideration of cross-motions for preliminary objections from counsel for both the plaintiff and defendants in a premises liability action, the litigation in question has been transferred to Delaware County court.
George Vokolos filed a motion for preliminary objections on Jan. 13, seeking a transfer of Rita Armstrong’s case to the Delaware County Court of Common Pleas. Vokolos argued this was proper because the defendants are based there and the subject incident also occurred there.
Paul D. Brandes filed an opposing motion on behalf of the plaintiff on Feb. 3, claiming Vokolos’s objection motion was “untimely.” Since the complaint was filed on Dec. 22, Brandes said under the law, Vokolos had 20 days to respond with his objection motion – with a due date of Jan. 11. Since the motion was filed after 22 days, on Jan. 13 and with no reason given for delay, Brandes asserted the objections should be stricken from the record.
Per a May 13 decision from Philadelphia County Court of Common Pleas Judge John M. Younge, the matter has been transferred to a court in Delaware County.
On May 26, 2014, Armstrong was walking from the shower house located near the pool at Strath Haven Condominiums in Swarthmore, when she allegedly tripped and fell on an unguarded and exposed water hose which was then being used to fill the pool.
Armstrong allegedly suffered injuries to her right leg, right hip, back and spine, plus severe shock to her nerves and nervous system.
The plaintiff is seeking damages in excess of $50,000, plus interest, costs and other relief in this case, from defendants Woolery Enterprises, Inc. in Wallingford and IM Pools Management, Inc. in Media.
The plaintiff is represented by Peter M. Villari, Brandes and Nicole T. Matteo of Villari, Brandes & Giannone, in Conshohocken.
The defendants are represented by Vokolos of Mintzer Sarowitz Zeris Ledva & Meyers, in Philadelphia.
Philadelphia County Court of Common Pleas case 151100408
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com