Defense counsel's withdrawal motion in premises liability case granted due to irreconcilable differences

By Nicholas Malfitano | Jun 29, 2016

PHILADELPHIA – Irreconcilable differences, cited as the defining reason from defense counsel to leave a city-based premises liability case in the Philadelphia County Court of Common Pleas, have led that withdrawal motion to be approved.

Austin R. Freundlich filed a motion to withdraw appearance of behalf of himself, Jonathan Rosenau and Gregory C. Littman of Freundlich & Littman on April 28, due to irreconcilable differences between himself and defendant Michael T. Patterson. Freundlich said Patterson has not yet identified replacement counsel.

Per a Monday decision from Judge John M. Younge, Freundlich’s motion to withdraw appearance for himself and his colleagues was granted, and a 60-day stay of all proceedings was instituted in order for Patterson to secure new counsel.

According to the lawsuit, on Sept. 1, 2013 (and for a long time prior), there was a dangerous condition present on the sidewalk of North Patton Street in Philadelphia, and specifically on the 3100 block of that street, creating a one-inch height differential in the pavement combined with inadequate illumination. The plaintiff averred she fell and was injured as a result of these defects, caused due to the defendants’ failure to inspect, maintain or repair the sidewalk in question.

Lightner allegedly suffered left foot and left ankle injuries, knee pain, exacerbation of degenerative joint disease, plus contusions, abrasions and lacerations on her body, plus financial losses in excess of $1,500.00 under the Political Subdivision Tort Claims Act (PSTCA).

The plaintiff is seeking damages in excess of $50,000 from the defendants, Patterson of Philadelphia, Michael H. Patterson of LaGrange, Ga. and the City of Philadelphia.

The plaintiff is represented by Daniel Breen of the Law Firm of Allen L. Rothenberg, in Philadelphia.

The defendants are represented by Pauline J. Manos of the City of Philadelphia’s Law Department, all in Philadelphia.

Philadelphia County Court of Common Pleas case 150802971

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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