Client disagreement results in attorney's exit from supermarket premises liability lawsuit

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – Disagreements with a client suing a local supermarket chain for negligence have resulted in a plaintiff attorney leaving that particular legal action.

Michael A. Mullen filed a motion to withdraw appearance on May 24, due to “fundamental disagreement” with his client Magdalena Santiago’s actions in this case, making representation “unreasonably difficult.” In filing this withdrawal motion, Mullen cited Pennsylvania Rules of Civil Procedure 1.16(b), sections 1, 4 and 6.

On July 7, Philadelphia County Court of Common Pleas Judge Abbe F. Fletman granted Mullen’s withdrawal motion and stayed all proceedings in this matter for 180 days, in order for Santiago to retain new counsel.

On Aug. 6, 2013, Santiago was a customer at Cousin’s Supermarket on North 5th Street in Philadelphia, when she slipped and fell in the cereal aisle, on a pink lotion material located on the floor. Santiago believed the supermarket failed to inspect and make safe its premises for customers, leading to her accident.

Santiago says she suffered back, neck, shoulder, hand and thumb injuries.

The plaintiff is seeking damages, jointly and severally, not in excess of $50,000 from the defendants in this case.

The plaintiff is represented by Mullen of the Law Office of Jose R. Fernandez and Kevin J. McCloskey of Styliades Mezzanotte & Hasson, both in Philadelphia.

Philadelphia County Court of Common Pleas case 150703837

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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