PHILADELPHIA – Counsel for clients suing a daycare facility for negligence in connection with an accident in 2010 to a minor student has opted to withdraw from the case due to a supposed case of client non-cooperation.

David B. Sherman filed a motion for preliminary objections on May 27, saying he initially attempted to resolve these claims with the defendants’ representatives, but was unable to do so. Sherman said he made extensive efforts to obtain cooperation from his clients with discovery, interrogatories, attending depositions and providing additional documentation to support their claims.

In correspondence written on Jan. 2, 2013 and Jan. 11, 2013, Sherman told the parents of the minor plaintiff that if they didn’t complete discovery responses, the case could be dismissed. Sherman said despite numerous phone calls and letters, he was unable to communicate with those parties – and without their cooperation, he was not able to pursue his client’s interests, comply with discovery requests or court orders, proceed to arbitration or negotiate a settlement.

On July 7, Philadelphia County Court of Common Pleas Judge Abbe F. Fletman granted Sherman’s withdrawal petition and gave the plaintiffs 60 days with which to secure new counsel.

On June 21, 2010, plaintiff Kyle Tucker Jr., enrolled as a student at Your Child’s World Learning Center, Inc., allegedly suffered an avulsion injury, scarring, disfigurement and other injuries, allegedly as a result of his hand and finger being recklessly, carelessly and negligently slammed in a door.

Plaintiff Tucker Jr. and his father, Kyle Tucker Sr., are each seeking, jointly and severally, damages not in excess of $50,000 in this case.

The defendants are represented by Brian P. Corcoran and Lee J. Janiczek of Reilly Janiczek & McDevitt, in Philadelphia.

Philadelphia County Court of Common Pleas case 120601969

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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