Woman struck while sitting in parked car sues other driver

Jon Campisi Aug. 1, 2011, 8:42am

A Philadelphia woman is suing the driver of a car that plowed into her parked vehicle, which she was sitting in at the time of the collision.

Philadelphia attorney Neil E. Jokelson, of Neil E. Jokelson & Associates, P.C., filed the personal injury claim July 28 at the U.S. District Court for the Eastern District of Pennsylvania.

The plaintiff, city resident Monica Kerrigan, alleges that while sitting in her vehicle on the 900 block of North 2nd Street back on Jan. 16 of this year, she was struck by a vehicle owned by Daniel and Denise Willard, and driven by Chesney Willard.

All three, who are named as defendants in the lawsuit, reside in Mount Laurel, N.J.

The complaint states that as a result of the accident, Kerrigan, who was not wearing a seatbelt at the time because her car was parked, sustained various physical injuries, including, but not limited to, disc herniations, thoracic sprain and strain, and neck, shoulder, and arm sprain and strain.

The injuries have caused Kerrigan to spend various sums of money on medical treatment, and have prevented her from attending to her regular duties, activities and occupations, the lawsuit states.

The complaint accuses Chesney Willard of negligence for operating a motor vehicle in a reckless and careless manner, driving at an excessive rate of speed under the circumstances, failing to properly operate the vehicle and disregarding the “rules of the road” and state and local statues.

The suit also accuses of Daniel and Denise Willard of negligence, carelessness and recklessness for negligent entrustment of a motor vehicle, respondeat superior and other negligent acts.

Kerrigan demands judgment against all three defendants, jointly and/or severally, in a sum in excess of $75,000, together with related costs.

A jury trial has been demanded.

The federal case number is 2:11-cv-04816-LDD.

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