Doylestown, Pa. couple files injury claim against commercial vehicle owner and driver

Jon Campisi Oct. 19, 2011, 9:47am

A Bucks County, Pa. man who claims to have sustained serious head, neck and back injuries following a two-vehicle collision two years ago has filed a personal injury lawsuit against the company that owned the vehicle and the offending motorist.

Newtown, Pa. attorney Christopher J. Brill filed the federal complaint Oct. 18 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Barry Rudd, and his wife, Joan, who reside in Doylestown.

The defendants named in the complaint are Christopher Helmer of Belvidere, N.J. and Clifton, N.J.-based C-K Air Conditioning, Inc.

According to the lawsuit, Barry Rudd was driving his car in Plumstead Township, Bucks County on Nov. 4, 2009 at about 2:18 in the afternoon, when, after getting a green light and proceeding across Silo Hill Road with an intention to turn left onto North Easton Road, his vehicle was struck by a vehicle driven by defendant Helmer.

Helmer ran a red light while driving northbound on North Easton Road. He was issued a motor vehicle citation by a police officer who happened to be patrolling in the area, and witnessed the crash, the lawsuit states. Helmer was subsequently found guilty of the traffic infraction.

As a result of the accident, Barry Rudd sustained various physical injuries, including trauma to his head, neck and spine, cerebral contusion and post-concussion syndrome, cervical disc bulges and herniation, lumbar sprain and strain, left shoulder/scapular region injury, peripheral nerve injuries of the upper extremities including traumatic median nerve dysfunction at the wrists bilaterally, traumatic ulnar dysfunction at the left elbow and other ills and injuries not specified.

Furthermore, the lawsuit states, Barry Rudd has suffered mental pain and suffering, emotional upset, worry, anxiety, apprehension, frustration, humiliation, embarrassment, inconvenience, a “general loss of pleasure and enjoyment of life,” and a “serious impairment of bodily function.”

Barry Rudd has had to spend various sums of money on medical treatment and he may be required to undergo additional medical treatment in the future.

Because of his inability to work due to his injuries following the accident, Barry Rudd experienced financial hardship and a loss of earning capacity.

The lawsuit accuses Helmer of carelessness and negligence for failing to keep his vehicle under proper control, operating a vehicle in a careless manner, operating a motor vehicle without due regard for the rights, safety and position of the plaintiff, failing to remain alert and attentive under the circumstances, failing to observe the rules of the road and violating state motor vehicle statutes.

Barry Rudd demands judgment against the defendants in a sum in excess of $150,000.

Joan Rudd has a loss of consortium claim in the suit, claiming that she has been deprived the society, companionship and consortium of her husband because of his injuries. She, too, seeks judgment in excess of $150,000 against the two defendants.

The federal case number is 2:11-cv-06506-PD.

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