Cab driver sues parking attendant over alleged assault

Jon Campisi Jun. 6, 2011, 5:11pm

A cab driver has filed an assault and battery lawsuit against a parking attendant and the company for which he works for injuries the plaintiff sustained after a scuffle with the man.

The civil complaint was filed June 3 at the Philadelphia Court of Common Pleas by attorney Michael T. van der Veen, of the firm Kats, van der Veen & Associates.

In the complaint, the plaintiff, Philadelphia resident Gary Yampolsky, alleges that after dropping off a passenger at the Hospital of the University of Pennsylvania in early June 2009, defendant Darren M. Byrd, who worked for Imperial Parking, Inc., also named as a defendant in the suit, violently slammed the plaintiff’s door against him after the two had words.

The lawsuit states that Byrd had been “yelling and threatening” Yampolsky to move his cab at the time of the alleged incident.

The lawsuit accuses Byrd of intent to cause bodily harm to the plaintiff and for negligently and carelessly striking and hitting Yampolsky with the door of his cab.

As a result of the incident, Yampolsky sustained injuries to his head, neck, back, shoulders, arms, legs, torso and extremities, and a severe shock to his nerves and nervous system.

The plaintiff suffered a monetary loss due to rising medical bills and suffered a loss of income and earning capacity, the suit alleges.

The lawsuit also contains a count against Imperial Parking, since the main defendant was an employee of the company’s at the time of the alleged incident. It accuses the parking company of allowing “dangerous individuals” to remain under its employ.

For each of the two counts, Yampolsky demands a judgment jointly and/or severally against the defendants in a sum not in excess of $50,000.

The non-jury matter is scheduled for an arbitration hearing on Feb. 6, 2012.

The case number is 110504008.

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