PHILADELPHIA – A Norristown building company’s preliminary objections as to a possible change of venue in a slip-and-fall case have been overruled in the Philadelphia County Court of Common Pleas.
Walter A. McClatchy Jr. filed a motion for preliminary objections on April 20, relating to the chosen venue in Wanda Wilson’s premises liability lawsuit against Jenkintown-based Goodman Properties, Inc., Scott Building Corp. of Norristown and CVS Pharmacy, Inc. of Woonsocket, R.I.
McClatchy lobbied for the venue to be changed to the Montgomery County Court of Common Pleas, arguing the property where the subject incident took place was located in Bala Cynwyd, the defendants have no basis or contact with Philadelphia County, and relevant witnesses would need to travel to Philadelphia to participate in courtroom proceedings. McClatchy said the plaintiff and her counsel only provided “general, unsubstantiated assertions” for why the case should be heard in Philadelphia.
On July 20, Judge Arnold L. New overruled McClatchy’s objections and ordered the defense to file an answer to the plaintiff’s amended complaint within 20 days.
On Jan. 18, 2014, Wilson was entering the premises as a pedestrian through the Bryn Mawr Avenue entrance to the rear parking lot, behind the CVS, when she says she was caused to slip and fall due to a defect on the premises – consisting of a sunken and partially-collapsed section of asphalt.
Wilson avers this defect was created when defendant Scott Building Corporation improperly backfilled a trench, that this same defendant had excavated when renovating the premises. Wilson’s suit contained charges of negligence against Scott Building, Main Line Realty Associates, L.P. and CVS Pharmacy, Inc.
Wilson allegedly suffered a right knee strain and ligament tears, plus strain and sprain to her right shoulder, right knee, right hip, right hand and right wrist.
The plaintiff is seeking, jointly and severally, damages in excess of $50,000, plus other applicable relief from all defendants in this case.
The plaintiff is represented by Avi J. Cohen in Philadelphia.
The defendants are represented by McClatchy in Merion, Susan R. Engle of Mintzer Sarowitz Zeris Ledva & Meyers, and Christopher P. Morgan of Campbell Lipski & Dochney, both in Philadelphia.
Philadelphia County Court of Common Pleas case 160102061
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com