UPS and driver hit with personal injury claim relating to tollbooth accident

Jon Campisi Apr. 27, 2012, 6:40am

A Northeastern Pennsylvania man who claims he was seriously injured after his vehicle was struck by a UPS truck at a tollbooth along the Pennsylvania Turnpike in the Lehigh Valley area is suing the parcel service and the driver in state court.

Attorney Adam D. Wilf, of the Philadelphia firm Lundy Law, filed the personal injury complaint April 25 at the Philadelphia Court of Common Pleas on behalf of Northampton, Pa. resident Douglas S. Hamilton.

The defendants named in the civil action are Philadelphia-based United Parcel Service and the driver of the truck, identified as Jerry Hintz, who resides in Philadelphia.

According to the complaint, Hamilton was injured after his vehicle was struck by the UPS truck driven at a “high rate of speed” through the Lehigh tollbooth at about 2:30 in the morning on May 4, 2010.

As a result of the accident, Hamilton suffered head, neck, back and hand injuries, as well as mental anxiety and anguish, the lawsuit claims.

Hamilton has had to spend money on medical attention and will be required to do so into the future, according to the complaint.

Hamilton has also been prevented from attending to his daily activities and duties, and he has suffered a loss of wages due to his inability to work, the complaint states.

The lawsuit accuses UPS of failing to properly train Hintz and other employees on the proper operation of a motor vehicle; negligently entrusting the motor vehicle to Hintz; failing to properly inspect and maintain the vehicle; and failing to use due care while permitting Hintz to drive the vehicle.

Hintz is accused of driving too closely, failing to have the vehicle under proper control, driving at an excessive rate of speed, failing to give sufficient warning of his approaching vehicle, failing to exercise due and proper care, failing to stop his vehicle before striking the plaintiff and driving excessively through a toll booth.

For each of the two counts listed in the lawsuit, Hamilton seeks damages in excess of $50,000, plus pre-and-post-judgment interest, costs and other court relief.

A jury trial has been demanded.


The case ID number is 120402940.


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