Attorney Jonathan Danko Wins Dismissal of Philadelphia County Slip and Fall Action

Attorney Jonathan Danko recently won the dismissal of a personal injury action filed in Philadelphia County.  The action arose from an alleged slip and fall at a chain restaurant.  Notably, though the incident occurred in Dauphin County, where the Plaintiff lived, the suit was filed in Philadelphia.  Also of note, Plaintiff did not sue the franchisee of the establishment, instead bringing suit against the trade name of the chain restaurant.  Her errors were compounded when she served an unrelated franchisee of the chain restaurant located in downtown Philadelphia.  Jonathan filed Preliminary Objections raising several issues, including improper venue, improper service, and failure to name the correct entities.

After four Amended Complaints, and failed attempts by the Plaintiff to add additional parties after the statute of limitations had expired, the Court granted Jonathan’s Preliminary Objections and dismissed the Complaint.

Questions about this case can be directed to Johnathan Danko at (717) 441-3957 or jdanko@tthlaw.com.