Extraordinary relief motion granted in premises liability lawsuit against nail salon

By Nicholas Malfitano | Jun 16, 2016

PHILADELPHIA – Though a motion from counsel for a Southampton nail salon seeking for a premises liability lawsuit filed against it to be transferred to the Bucks County Court of Common Pleas was rejected by a Philadelphia judge, a follow-up motion for extraordinary relief in the case was granted.

Meghan M. Bissell filed a motion for preliminary objections on Sept. 8, for reasons of improper venue. Bissell felt the case brought by plaintiff Dorothy Tkacz of Warminster against Southampton-based Nail Glamour and Philadelphia-based Nail Glamour, Inc. should be transferred to Bucks County, due to both the subject accident taking place there and Tkacz residing there at the time her complaint was filed.

Bissell added the two defendants “have no business relationship”, arguing Nail Glamour, Inc. of Philadelphia was only added to the case as a defendant for purposes of “improper forum shopping” and hasn’t been served with the official complaint in this litigation.

On May 10, Philadelphia County Court of Common Pleas Judge John M. Younge ordered the preliminary objections for improper venue were overruled and all case management deadlines were extended for 90 days.

In response, Bissell filed a motion for extraordinary relief on May 12 – which sought to extend the case management for a second time, for an additional 90 days. After just more than two weeks of consideration, Younge approved this motion.

Among others, the revised case management deadlines now state all discovery shall be completed no later than Nov. 7 of this year and the case will be ready for trial on March 6, 2017.

On Oct. 12, 2013, Tkacz alleges she was a customer of Nail Glamour in Southampton and slipped and fell, due to water on the floor of the shop. Tkacz alleged the shop’s failure to inspect and properly maintain the premises led to her fall and subsequent injuries. Tkacz allegedly suffered injuries to her right thigh, back and other injuries in the fall.

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

The plaintiff is represented by Sean M. Fulmer of Schatz & Steinberg, in Philadelphia.

The defendants are represented by Bissell of the Law Offices of James L. Barlow, in King of Prussia.

Philadelphia County Court of Common Pleas case 150800615

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

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