Attorneys representing defendants in a civil case initiated by a municipal refuse collector
who claims the recycling truck in which he was working ran him over have moved to have the litigation transferred from state to federal court.
Lawyer Robert J. Siegel, of the firm Campbell, Lipski & Dochney, filed a notice of removal with the U.S. District Court in Philadelphia on July 17 seeking to have a case initiated back on June 27 by Richard Millward play out in the federal venue as opposed to the Philadelphia Court of Common Pleas.
Millward, of Levittown, Pa., filed his claim in state court alleging that he sustained injuries after the recycling truck in which he was riding in late June 2010 ran him over.
Millward, who was employed by Levittown-based McCullough Rubbish Removal Inc. at the time, claims in his lawsuit that he was standing on a foot step on the driver’s side of the truck when, after the vehicle quickly lurched forward, he fell from the truck and landed under or in front of the driver’s side wheel of the truck.
As a result of his injuries, Millward sustained various injuries, such as multiple pelvic fractures, leg injuries, abrasions, groin abscess and infection, shoulder injuries and other ills, according to the complaint.
The lawsuit claims that Millward was injured while he and coworkers were picking up recyclable items in Bensalem Township, Pa.
The truck that allegedly ran over Millward was a Model GS-3000 Recycling Truck.
The lawsuit was filed by Langhorne, Pa. attorney Todd M. Sailer, of the firm Begley Carlin & Mandio.
In the July 17 removal notice, Siegel, who represents defendants MBB Palfinger, Omaha Standard Inc., PAL Fleet Truck Equipment Co. and Tiffin Loader Crane, argues that venue is proper in the federal court because diversity of citizenship exists between the parties.
The defendants hail from California, Iowa, Alabama and Ohio respectively.