Nicholas Malfitano Aug. 19, 2015, 1:06pm


PHILADELPHIA – A motor vehicle accident case’s plaintiff wants judgment as a matter of law or a new trial, because he felt the jury's decision against him was “grossly inadequate and a miscarriage of justice.”

Through a motion for post-trial relief filed by his counsel on June 4, Philadelphia resident Sean Taggart is requesting transcripts of the entire trial versus Yeadon resident Joseph Wilczynski.

Filed in May 2014, the litigation was tried in the Philadelphia County Court of Common Pleas from May 29 to June 3 of this year, with the jury awarding judgment in favor of Wilczynski. The jury also refused to award any non-economic damages to Taggart.

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

On Jan. 23, 2013, Taggart claimed he was driving near Route 13 and Tennis Avenue in Bensalem, when Wilczynski’s allegedly negligent driving caused a collision. Taggart alleged Wilczynski was driving inattentively, speeding and not providing the proper follow distance for his vehicle in traffic.

Taggart claimed to suffer a multitude of injuries in the crash, such as disc protrusion at T2-T3, bulges from C2-C6, cervical radiculopathy, strain and sprain of his entire spine, and other injuries. Taggart also asserted he incurred medical costs in excess of the amount recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law.

The plaintiff is seeking an amount in excess of $50,000, plus attorney’s fees, court costs and other relief. Taggart also suffered property damages to his vehicle, and seeks a separate, but equal amount in damages on that claim.

The plaintiff is represented by Jeremy M. Weitz of Spear, Greenfield & Richman in Philadelphia. 

The defendants are represented by Peter A. Dorn of the Law Office of Hubshman, Flood & Bullock in Plymouth Meeting.

Philadelphia County Court of Common Pleas case 140501535

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

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