South Philadelphia sidewalk fall litigation stayed for 60 days by local judge

By Nicholas Malfitano | Aug 23, 2016

PHILADELPHIA – Due to irreconcilable differences, a local judge has permitted plaintiff counsel to exit a lawsuit stemming from a sidewalk fall in South Philadelphia.

Matthew Gallagher filed a motion to withdraw appearance on June 17, explaining written discovery was exchanged and depositions had been conducted of plaintiff John Cheri, a representative from the City of Philadelphia and defendant Rudy Alexander Argueta.

However, Gallagher added “serious irreconcilable differences” arose between Gallagher and Cheri, revolving around Cheri’s alleged “failure to participate in the prosecution of his claims.” Gallagher requested withdrawal and a stay of proceedings, to give Cheri the opportunity to secure new counsel without his case being prejudiced.

On Aug. 19, Judge John M. Younge granted the aforementioned withdrawal petition and stayed the case for 60 days, in order for Cheri to locate and secure the services of new counsel.

On Jan. 24, 2014, Cheri was walking on a sidewalk at 701 Federal Street in Philadelphia, when he allegedly fell as a result of a defective condition - a raised manhole cover. Cheri indicated a failure to inspect, maintain or repair the sidewalk caused his fall.

Cheri allegedly suffered jaw fractures requiring surgical repair, aches, pains, anxiety and mental anguish.

The plaintiff is seeking damages not in excess of $50,000 from the defendants.

The defendants are represented by Charles J. Daly and Susan J. Wiener of the Law Office of Charles J. Daly, in Horsham.

Philadelphia County Court of Common Pleas case 150302922

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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