PHILADELPHIA – A state court judge’s decision to transfer a condominium complex slip-and-fall case to Montgomery County court has caused a plaintiff attorney to file an appeal of the ruling with the Superior Court of Pennsylvania.
John G. Devlin of Devlin & Associates filed a motion for preliminary objections on Jan. 26, seeking transfer of a case filed by Andrea Haislup against Beaver Hill Condominium Association in Jenkintown (which he claims was improperly identified as both “Beaver Hill Owners Association” and “Beaver Hill Ltd. Partnership”) and CSK Management in King of Prussia, to the Montgomery County Court of Common Pleas.
Devlin averred Beaver Hill Condominium Association is located in Jenkintown, does not conduct business in Philadelphia County, and the accident in question took place in Montgomery County.
Devlin further stated the negligence counts contained in the complaint should be dismissed, because they were not separated according to each individual defendant, nor was each claim explained in adequate and specific detail.
In a May 6 hearing and subsequent decision, Judge John M. Younge sustained the objections as to the issue of improper venue, and ordered the case transferred to the Montgomery County Court of Common Pleas.
In response, plaintiff attorney Christopher R. Durso filed an appeal of Younge’s decision with the Superior Court of Pennsylvania – which remains pending at this point in time.
On Dec. 10, 2013, a dangerous condition allegedly existed on the premises of Beaver Hill Condominiums in Jenkintown. Haislup of Lafayette Hill was walking through the parking lot and tripped and fell due, allegedly due to the presence of uncleared ice and snow.
Haislup claims the defendants’ failure to remove the ice and snow directly led to her accident. Haislup allegedly suffered face, head, neck and arm injuries, plus vertigo, headaches, cranial nerve damage and severe nervous system shock.
The plaintiff is seeking judgment, jointly and severally, in excess of arbitration limits in this case.
The plaintiff is represented by Jeffrey M. Rosenbaum and Durso of Rosenbaum & Associates, in Philadelphia.
The defendants are represented by Devlin of Devlin & Associates, also in Philadelphia.
Philadelphia County Court of Common Pleas case 151000480
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com