Nicholas Malfitano Jun. 3, 2015, 1:02pm


PHILADELPHIA – A trucker allegedly injured in a fall at an energy plant will have to show why his case should be heard in the Philadelphia Court of Common Pleas.

Oley resident Jacob Asman filed a negligence suit in January against Covanta Plymouth Renewable Energy, of Conshohocken, over an accident which occurred in January 2014.

Asman, employed as a hauling trucker with Jesse Baro, Inc., arrived to the Covanta plant on Jan. 3, 2014, and was exiting his vehicle when he slipped on an ice patch on the premises.

In his lawsuit, Asman alleges the negligence of the defendants in failing to warn of, inspect or repair the dangerous condition.

As a result of the fall, Asman suffered “multiple left rotator cuff tears requiring surgery, aches, pain, mental anxiety and anguish, and severe nervous system shock.”

Asman also claimed to sustain loss or impairment of bodily function, scarring and disfigurement, incurring large medical bills and lost wages in the process.

The defendants objected to Asman’s complaint on Feb. 23, since the alleged fall occurred in Conshohocken and defense counsel argued the case should be transferred to and heard in Montgomery County instead.

This preliminary objection was overruled on March 17, but a later motion for reconsideration vacated the prior overruling on April 10.

An evidentiary hearing was scheduled for Wednesday in Court chambers at Philadelphia City Hall to provide Asman and his counsel with an opportunity to argue why the preliminary objections should not have been vacated.

The plaintiff is seeking judgment in excess of $50,000 from each defendant in this case.

The plaintiff is represented by Brandon A. Swartz and Bryan M. Ferris of Swartz & Culleton, in Newtown.

The defendants are represented by Laurianne Falcone and Lati W. Spence of Marshall Dennehey Warner Coleman & Goggin in Philadelphia.

Philadelphia County Court of Common Please case 150103445

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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