Nicholas Malfitano Aug. 5, 2015, 12:19pm


PHILADELPHIA – Luzerne County’s Court of Common Pleas could be receiving a motor vehicle accident negligence action, if a defense motion to transfer the case is successful.

Attorney William E. Remphrey, Jr., counsel for both Frank Spess and Spess Construction of Shavertown, motioned to the Philadelphia County Court of Common Pleas on June 2 to transfer the case to its counterpart in Luzerne County.

Remphrey cited the accident in question and all parties involved with it are based in Luzerne County as his rationale for asking the case be removed there.

Further, Remphrey filed a motion to strike any allegations of reckless conduct from Hunlock Creek resident Sharon Thrash’s lawsuit, filed in May. Remphrey alleged Thrash “pled no material facts” to support an allegation of reckless conduct on the part of the defendants.

A hearing in this matter has been set for Wednesday at Philadelphia City Hall, in the Philadelphia County Court of Common Pleas chambers.

In her suit, Thrash claimed on Sept. 16, she was traveling near the intersection of Huntsville and Weavertown Roads in Luzerne County’s Jackson Township. At the same time and place, Spess was driving a construction zone vehicle owned by Spess Construction. According to Thrash, Spess’s negligence in not operating his vehicle safely caused a subsequent car crash to occur.

Thrash suffered serious and permanent personal injuries in the accident, impairment of bodily function, disfigurement and previous injury aggravation, the suit says.

For medical care expenses, Thrash incurred an amount greater than the benefits offered under the Pennsylvania Motor Vehicle Financial Responsibility Law. Thrash levied claims of negligence against Spess, negligent entrustment against Spess Construction and the respondeat superior theory of liability, also against Spess Construction. 

The plaintiff is seeking in excess of $50,000, plus court costs and other relief.

The plaintiff is represented by Marc I. Simon, of Simon & Simon, in Philadelphia.

The defendants are represented by Remphrey of Margolis Edelstein, in Philadelphia.

Philadelphia County Court of Common Pleas case 150403931

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

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