SEPTA and U.S. Army face lawsuit over vehicle accident

Jon Campisi Sep. 12, 2011, 7:28am

A public transit rider who alleges he sustained bodily injuries after the bus on which he was riding was struck by a U.S. Army-owned vehicle, causing him to get knocked around in the process, has filed a federal lawsuit against the other driver, the U.S. Department of the Army and the Southeastern Pennsylvania Transportation Authority.

Philadelphia attorney Kevin P. Kelly filed the claim Sept. 8 on behalf of Philadelphia resident Michael Davis.

According to the complaint, a man identified as Jiovanni Romero, the defendant in the case, was driving an Army-owned Chevrolet Uplander southbound on 17th Street back on Sept. 11, 2009, when, after disregarding a stop sign, he struck the SEPTA bus on which the plaintiff was riding.

The bus had been traveling eastbound on 66th Avenue, which intersects 17th Street.

The accident caused Davis to sustain disc herniations, as well as multiple bruises, lacerations and abrasions, shoulder sprain and strain, post-traumatic cephalgia and other ills and injuries, the lawsuit claims.

Davis has incurred various expenses related to his medical treatment, he has suffered a loss of earnings and he continues to suffer “excruciating and agonizing pains, aches, mental anguish, humiliation, disfigurement and limitation and restriction on his usual duties, pursuits and pleasures,” the lawsuit states.

The lawsuit accuses Romero of failing to observe the other vehicle and failing to maintain a proper lookout. And it accuses both Romero and SEPTA of operating their respective vehicles at excessive speeds, failing to stop their respective vehicles within the assured clear distances, and failing to operate their respective vehicles with due care and regard for the health and safety of the plaintiff.

Davis seeks judgment against the defendants in a sum in excess of $150,000.

A jury trial is not being sought.

The federal case number is 2:11-cv-05634-MMB.

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