After continuance, attorney still withdrawing from icy slip-and-fall lawsuit

By Nicholas Malfitano | Jun 7, 2016

PHILADELPHIA – Following a continuance, defense counsel in an icy slip-and-fall action still seek to withdraw from the lawsuit due to a coverage clause in their client’s insurance policy.

Alicia M. Nelson of Hohn & Schuerle filed a motion to withdraw appearance on behalf of herself and June D. MacCarthy on March 14. Motorist Mutual Insurance Company (MMIC) retained Nelson and MacCarthy through reservation of rights to handle the issue of notice of intent.

MMIC determined the defendants’ policy excludes from coverage bodily injury or property damage arising out of snow and ice removal work, and advised the defendants of same.

Defendant Premier Maintenance has separate representation, and the undersigned counsel reminded Premier Concrete of MMIC’s request to retain new counsel within 30 days from Jan. 4.

Premier Maintenance was apparently unwilling to retain new counsel, so the undersigned counsel say they were forced to withdraw from the case. Nelson said the withdrawal will not prejudice any of the parties and can be done without adverse material effect.

After a brief continuance, a judicial order from Judge John M. Younge approved Nelson’s withdrawal motion and stayed all proceedings in the matter for 60 days, in order to provide Premier Concrete time to retain new counsel.

On Jan. 9, 2015, defendants Premier Concrete and Premier Maintenance Services of Broomall had a duty to clear the area outside of Gate A-24 at Philadelphia International Airport, where Belgrave was working as a Fleet Service Agent for U.S. Airways, loading and unloading airplane baggage, the lawsuit says.

Belgrave allegedly slipped and fell as a result of icy ground in the area, a dangerous condition the plaintiffs say was made possible through the defendants’ failure to inspect, maintain or clear the area.

Plaintiffs Belgrave and his spouse Chaketa Evans of Darby each filed charges of negligence and loss of consortium against each defendant, Premier Concrete, Premier Maintenance Services and American Airlines Group of Fort Worth, Texas.

The plaintiff is seeking damages jointly and severally, in excess of $50,000 in this case.

The plaintiff is represented by Daniel A. Schwarz and Daniel F. Ashton of Schwarz & Schwarz, in Philadelphia.

The defendants are represented by Brian P. Corcoran and Susan M. Valinis of Reilly Janiczek & McDevitt, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150700086

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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