Nicholas Malfitano Jun. 10, 2015, 1:23pm


PHILADELPHIA – "Obstacles and legal issues” have caused an attorney representing a Philadelphia man suing the Southeastern Philadelphia Transportation Authority (SEPTA) to petition the court for relief of that duty.

Albert J. Brooks, Jr. of Fodera & Long in Philadelphia motioned to the Philadelphia County Court of Common Pleas in March that he has counseled his client, Philadelphia resident Ronald Lyons, that he can no longer represent him in his pending motor vehicle accident negligence lawsuit against SEPTA.

“There are certain obstacles and legal issues that have caused the petitioner to advise Lyons they could not represent him anymore,” court records state.

Brooks’ motion is tied to the discovery reviews process, including analysis of the accident video. The motion explains Brooks’ opinion he cannot further represent Lyons due to “obligations to the Court, Bar, and the Rules of Professional Conduct.”

Lyons filed suit against the major transportation organization last August, in connection with a motor vehicle accident that took place on May 31, 2013.

According to his lawsuit, Lyons paid his fare and boarded a SEPTA trolley train car scheduled to proceed on Route 13, from Chester Avenue to Center City.

At approximately 2:45 p.m., Lyons said the driver of the trolley car failed to operate the vehicle safely and struck two pedestrians. When that collision took place, Lyons said he was thrown about the inside of the trolley car and seriously injured.

Lyons claimed to have suffered sprain and strain of his cervical and lumbar spine and right knee, plus a post-traumatic jaw injury with a chipped tooth. Lyons alleges the negligence of the SEPTA trolley car driver not following the motor vehicle codes and laws of both Philadelphia and the Commonwealth of Pennsylvania was the sole cause of the accident.

A hearing in this matter was scheduled to take place at Philadelphia City Hall in Court chambers on Wednesday.

The plaintiff is seeking not in excess of $50,000, plus interest, attorney’s fees, court costs and delay damages in this case.

The defendant is represented by Penny J. Scott-Sedley in Philadelphia.

Philadelphia County Court of Common Pleas case 140802567

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

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