Accident with city trolley basis for personal injury claim

Jon Campisi Sep. 19, 2011, 6:23am

A Philadelphia man who claims he sustained a host of bodily injuries after being involved in a vehicle accident with a city trolley is suing the Southeastern Pennsylvania Transportation Authority and the owner of the vehicle in which he was traveling at the time.

William Garvin is suing SEPTA and Lisa Spurill, a fellow Philadelphia resident, and the woman who owned and operated the vehicle Garvin was traveling in on Nov. 18, 2010 at the time of the collision.

The lawsuit, which was filed Sept. 13 by Philadelphia attorney Dana M. Klayman, of the law firm Cooper & Schall, P.C., states that Garvin was Spurill’s passenger when the two were heading westbound on Lancaster Avenue at or near the intersection with 51st Street in Philadelphia at the time it collided with a SEPTA trolley.

The accident, the suit claims, caused Garvin to sustain a spinal compression fracture, which required surgical repair, as well as chronic neck, shoulder and back pain, facial lacerations, internal injuries of an unknown nature, permanent scarring and disfigurement, severe aches, pains, mental anxiety and anguish, a shock to his nervous system, and an exacerbation of pre-existing conditions.

Garvin also has suffered humiliation and embarrassment as a result of the accident, the suit states.

Garvin has had to spend various sums of money on medical expenses, the suit alleges, and he has been unable to carry out his usual duties, chores and occupations as a result of the crash.

The lawsuit accuses the defendants of negligence for failing to properly operate vehicles, failing to apply sufficient braking, failing to drive at reasonable speeds, failing to be aware of other vehicles on the roadway, failing to remain in control of their respective vehicles, failing to remain in a single lane and failing to use all prudent and necessary care for vehicular travel under the circumstances.

Garvin demands judgment in his favor against the defendants for compensatory damages in excess of $50,000, plus interest and court costs.

The non-jury matter has not yet been scheduled for arbitration.

The case number is 110900958.

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