Nicholas Malfitano Jul. 8, 2015, 1:46pm


PHILADELPHIA – A motor vehicle accident lawsuit may be heading to Bucks County, if the defense counsel associated with the case wins their argument to have the action transferred.

Seth J. Schwartz of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia, filed a motion with the Philadelphia County Court of Common Pleas on April 28, seeking to have the litigation transferred to the Bucks County Court of Common Pleas – based on the matter of improper venue.

Schwartz explained the events at issue in the lawsuit took place in Bucks County and the defendants were both residents of Bucks County and professionally based there as well.

A hearing in this matter was scheduled for Wednesday at Philadelphia City Hall, in Court chambers.

On May 8, 2014, Trenton, N.J. resident John Schibel was driving northbound on Eagle Road and Stoopville Road in Newtown Township in Bucks County. At that same time, Fairless Hills resident Scott Klein, was operating a vehicle approaching that same intersection, heading eastbound on Stoopville Road. Klein was operating a vehicle owned by his employer, Goldey Plumbing & Electric of Levittown.

According to the lawsuit, Klein disregarded a stop sign and flashing lights at the intersection, which caused him to collide with Schibel’s vehicle. Klein was allegedly negligent in speeding, failing to observe a stop sign, failing to yield right-of-way, and his employer provided negligent entrustment through their issuing of responsibility to Klein in using a company vehicle.

Schibel sustained internal and external injuries to his head, body and limbs, left superior and inferior pubic-rami fractures, left rotator cuff tear, right sacral alar fracture, left acetabular fracture, a head laceration, fractured ribs, a lung contusion and other injuries.

Schibel claimed a loss of earnings power and that damages may exceed a sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law. The plaintiff is seeking judgment against all defendants jointly and severally in excess of $50,000, plus interest and court costs.

The plaintiff is represented by David J. Stutman, of Hoffman Michels & Sternberg, in Southampton.

The defendant is represented by Daniel F. Donnelly and K. Reed Haywood of Palmer & Barr, and Schwartz of Marshall Dennehey Warner Coleman & Goggin, all in Philadelphia.

Philadelphia County Court of Common Pleas case 150301470

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

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