FBI named as defendant in civil action involving vehicle accident

Jon Campisi Sep. 2, 2011, 10:40am

A New Jersey insurance company has filed a federal lawsuit against an employee of the FBI’s Philadelphia office, claiming the man’s careless driving caused extensive damage to a vehicle insured by the plaintiff.

Attorney Paul N. Sandler, of the law firm Sandler & Marchesini, P.C., filed the property damage and personal injury claim Aug. 30 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of New Jersey Manufacturers Insurance Company of Trenton, N.J.

The defendants in the lawsuit are the United States of America, the Federal Bureau of Investigation and Joseph Bowen, who is identified in the lawsuit as being an employee of the local office of the FBI, and who lives in Upper Black Eddy, Pa.

The lawsuit states that on Sept. 2, 2009, the plaintiff’s insured, identified as Marvin Midlarsky, was traveling eastbound on Market Street in Philadelphia, between 6th and 7th streets, when Bowen, during the course of his employment, made a sudden U-turn on Market Street and colliding with Midlarsky’s vehicle.

The complaint does not state whether or not Bowen is an FBI agent who was performing a U-turn during the course of a law enforcement related matter, or whether he was a civilian employee of the bureau.

During the accident, two passengers, identified as Barbara Geller and Sylvia Kalb, who had been riding in Midlarsky’s vehicle, were injured, and thus had to submit personal injury protection claims to the plaintiff for the payment of their medical bills, which totaled a combined $12,374.16.

Furthermore, the plaintiff had to cover the $20,192 in combined property damage and car rental expenses for Midlarsky, the suit states.

The plaintiff seeks to be reimbursed by the defendants for the monies it had to pay out to settle the combined damages. Reimbursement of legal costs is also being sought.

A jury trial is not being demanded.

The federal case number is 2:11-cv-05453-LS.

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