Judge allows case to be heard in Pennsylvania federal court

On May 18, a federal judge ruled that a slip-and-fall case involving a Pennsylvania man would be heard in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff, a resident of Philadelphia, had wanted the case to be heard ni the Philadelphia County Court of Common Pleas. However, the judge held that the case would be heard in federal court due to diversity of citizenship, as the defendant, Interval Leisure Group, Inc., is based in Miami, Florida.

According to the lawsuit, the man fell due to the absence of a guardrail while visiting a resort in Playa Del Carmen that was owned by Interval. It further alleges that the fall resulted in a left hand injury as well as gashes to his left leg. In addition, the suit also says that the fall caused a blood sugar flare. The suit seeks damages for negligence, fraud and consumer protection violations among other charges.

Counsel for the defendant claimed that the damages related to the man's injury could not possibly exceed $75,000, which is one of the thresholds for determining where a case is heard. The judge in the case said that there was no determination as to how much the man would spend on medical treatment.

Those who are injured due to safety hazards on a commercial property may choose to take legal action against the owner of the premises. It may be worthwhile to talk to a personal injury attorney who may be able to review the case and advise an injury victim of his or her legal options.

Source: The Pennsylvania Legal Record, "Lawsuit over slip-and-fall at Mexican resort will be heard in federal court", Nicholas Malfitano, May 22, 2015

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