Nicholas Malfitano Jul. 2, 2015, 12:33pm


PHILADELPHIA – A lawsuit filed in connection with a severe accident on the Pennsylvania Turnpike last year was the subject of a recent hearing related to its venue.

Defense counsel John M. Campbell motioned to the Philadelphia County Court of Common Pleas that the negligence suit brought by Royersford residents James and Virginia Jeffries in March should not be heard in that location – as the suit’s subject accident and involved parties had no connection to the Philadelphia area.

On Sept. 3, 2014, James Jeffries was employed as a maintenance worker with the Pennsylvania Turnpike Commission, operating a street sweeping Mack truck vehicle which was sweeping the shoulder of the highway.

Jeffries was sweeping eastbound on Pennsylvania Turnpike at mile marker 327.6 in Upper Merion Township, in Montgomery County. During his work, the sweeping vehicle Jeffries was driving had all of its beacon lights and flashers activated, in order to alert motorists of ongoing maintenance and a changed traffic pattern.

Michael Badyrka, an employee of Scranton-based Bolus Freight Systems who was also driving a Mack truck, came upon the area where Jeffries was working at that time. The Jeffries’ suit maintains Badyrka carelessly and inattentively operated his vehicle on the Pennsylvania Turnpike, leaving him unprepared to safely stop.

As a result, Badyrka’s vehicle caused a rear-end collision with Jeffries’ vehicle. Badyrka was later cited for driving at an unsafe speed, careless driving and disobeying traffic control devices.

Jeffries suffered complete spinal radiculopathy, sprain and strain of his complete spine, nerve damage, great pain, fear, anxiety and post-traumatic stress disorder in operating his work vehicle.

The Jeffrieses’ suit levies charges of negligence and gross negligence against Badyrka, and negligence through vicarious liability and negligent supervision against Bolus Freight Systems.

Campbell’s motion maintained the accident took place in Montgomery County, Badyrka is a Scranton resident and Bolus Freight Systems is also based there, both in Lackawanna County, and that either county’s Court of Common Pleas would be a more appropriate venue for this action.

The plaintiffs are each seeking an amount from the defendants jointly and severally, in excess of arbitration limits, plus interest and court costs. Patricia Jeffries is also suing all defendants for loss of consortium, on behalf of her husband.

The plaintiffs are represented by Richard M. Jurewicz, in Philadelphia.

The defendants are represented by Campbell, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150300693

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

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