PHILADELPHIA – Defense counsel’s preliminary objections motion in a condominium complex fall case have been overruled, according to Philadelphia County Court of Common Pleas records.
John P. Silli filed a motion for preliminary objections on March 11 due to what he believed was the case being filed in an improper venue – instead, seeking the case to be heard in the Bucks County Court of Common Pleas. Silli argued since the subject incident took place in Holland (Bucks County), its related complaint should be litigated in Bucks County.
Silli further said there was no evidence or factual allegations connecting the complaint to Philadelphia County, but, Judge Arnold New overruled Silli’s objections on June 14.
Plaintiff Nancy Hourmouzis initiated the lawsuit in January, versus Tapestry Condominium Association in Philadelphia, Smallow Management Co., Inc. in Southampton and Assetpro Management, LLC in King of Prussia.
On Jan. 25. 2015, the plaintiff says she fell to the ground in a parking lot near her unit at Tapestry Condominiums in Holland. Allegedly, the defendants did not clear snow from the premises and the parking lot area did not have “sufficient and proper lighting”, which Hourmouzis alleged were the proximate causes of her fall.
Hourmouzis allegedly suffered a left humerus fracture and injuries to her left shoulder, left rotator cuff and left rib, plus internal injuries.
The plaintiff is seeking damages, jointly and severally, in excess of $50,000, plus interest and costs of suit in this case.
The plaintiff is represented by Marc A. Weinberg of Saffren & Weinberg, in Jenkintown.
The defendants are represented by Silli of the Law Offices of James L. Barlow, in King of Prussia.
Philadelphia County Court of Common Pleas case 160101287
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com