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PENNSYLVANIA RECORD

Tuesday, April 23, 2024

Landscaping-based snow and ice fall case not heading to Bucks County court

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PHILADELPHIA – Per the orders of a judge in the Philadelphia County Court of Common Pleas, a lawsuit centered on a fall resulting from snow and ice will not be transferred to a court in Bucks County.

William G. Cilingin filed a motion to transfer on May 13, seeking Warminster residents Gennie and Allen Rhoades’ litigation against GE Capital Corp., Jefferson on the Creek L.P., Jefferson on the Creek GP LLC, all of Harrisburg, Greystar Management Services L.P of Philadelphia and Sharp’s Landscaping, Inc. of Bristol be transferred to the Bucks County Court of Common Pleas.

Cilingin stated the subject accident took place there, witnesses pertinent to the case would find it more convenient to attend proceedings there versus in Philadelphia and other sources of proof are more locally stationed there. Cilingin’s motion admitted Sharp’s Landscaping, though not based in Philly, does conduct occasional business there.

On Feb. 21, 2014, Gennie Rhoades was working at 675 East Street Road in Warminster (owned by the defendants), when due to their alleged negligence and that of Sharp’s Landscaping in not shoveling, salting or clearing the walkway of Building 2008, Rhoades slipped and fell. The plaintiff claimed the defendants’ alleged failure to properly examine or clear the sidewalk caused this accident.

Rhoades allegedly suffered right knee strain and sprain with IT Band Syndrome, myospasm and chondromalacia patella, lumbar spine strain and sprain, lumbar radiculitis and nervous system shock.

Gennie sued all defendants for negligence and Gennie’s spouse Allen Rhoades sues for the same damages, for the count of loss of consortium. The plaintiff is seeking damages not in excess of $50,000, plus interest and costs of suit from each defendant.

The plaintiffs are represented by Marshall Kresman in Bensalem.

The defendants are represented by Cilingin of Naulty Scaricamazza & McDevitt and Greg A. Ray of Mancheski & Bunker, both in Philadelphia.

Philadelphia County Court of Common Pleas case 160100237

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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