An auto insurer has filed a civil complaint against the United States Postal Service over damages to an insured’s motorcycle arising out of a 2010 vehicle accident between the plaintiff’s customer and a mail carrier.
West Chester, Pa. attorney Paul J. Hennessy, of the Hennessy & Walker Group, filed the complaint March 29 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Illinois-based State Farm Mutual Automobile Insurance Company.
The plaintiff is suing to recoup costs relating to damages to a 2007 Nightrod Harley Davidson motorcycle owned by Verona, Pa. resident Jessie Brosk.
Brosk, according to the complaint, was operating the motorcycle on Oct. 2, 2010, when the bike was struck by a U.S. Postal Service truck driven by mail carrier Sharon Lee Thompson.
The accident resulted in $8,682 worth of damage to the motorcycle. Brosk held a collision policy with State Farm.
The lawsuit accuses the defendant of negligence for being inattentive, failing to exercise due care, negligent entrustment, crossing over the center lane of travel, making an improper U-turn, attempting to make a U-turn when it was unsafe to do so, failing to yield the right-of-way, traveling in improper lane and failing to give due regard to the safety of the plaintiff’s vehicle.
State Farm subsequently settled the claim with Brosk as per the terms and conditions of the insurance policy.
State Farm seeks to be reimbursed the $8,682 from the U.S. Postal Service, and also seeks interest and other court relief.
The federal case number is 2:12-cv-01565-MSG.