Burns White attorneys Stuart O’Neal and Emily Madden obtained a complete dismissal of a negligence matter as against a Spa Chain Franchise Corporation in Philadelphia County. Attorneys O’Neal and Madden put forth a variety of arguments in Preliminary Objections, which the Court found palatable. Namely, the Plaintiff’s failure to set forth a legal basis upon which relief could be granted. Citing persuasive case law, the Preliminary Objections successfully argued that Plaintiff’s Complaint failed to state any basis for relief against the Franchise Corporation, and that discovery would prove futile as a result.
