Nicholas Malfitano Oct. 5, 2015, 10:14am


PHILADELPHIA – A lawsuit over a three-vehicle crash that left a motorcyclist with serious injuries may be moved to Delaware County if the Philadelphia County Court of Common Pleas approves the defense’s motions for preliminary objections.

Beth A. Carter filed a petition for those objections on July 7, arguing defendant Franklin Thompson and related charges of negligent entrustment should be dismissed from the lawsuit with prejudice, in addition to the case being transferred to the Delaware County Court of Common Pleas.

Brandon R. Gamble also filed a petition for preliminary objections on Aug. 14, also seeking a transfer to the Delaware County Court of Common Pleas for purposes of convenience.

A hearing in this matter is set for Wednesday at Philadelphia City Hall, in court chambers.

On Nov. 17, 2013, Mary Ditrolio and the Sisters Servants of the Immaculate Heart of Mary (the Ditrolio defendants) in Immaculata owned and operated a 2012 Chevrolet car traveling southbound in the left lane on Route 352, near its intersection with Wyncroft Drive in Delaware County. Fellow defendants Kimberly and Franklin Thompson owned a 2003 GMC Safari, also traveling south in the same location at the same time.

Plaintiff Christopher Stevens of Prospect Park was riding a 2008 Harley Davidson Sportster motorcycle southbound in the left lane, also at this location.

The Ditrolio defendants’ vehicle allegedly made an improper left turn, causing Stevens to brake and swerve to the right, throwing him from his motorcycle. Subsequently, the Thompsons’ vehicle ran him over. Stevens’ suit alleges negligent driving on the part of all defendants caused his injuries.

Stevens suffered a concussion, a broken jaw, respiratory failure and dysphagia, fractures to his right clavicle and right eye socket, sinus fracture requiring a metal plate implant in his cheek, two subdural hematomas, a subarachnoid hemorrhage and five mini-strokes.

Stevens’ lawsuit levied charges of negligence against the Ditrolio defendants and the Thompson defendants, negligent entrustment against Sisters Servants and Immaculate Sisters, and negligent entrustment against Franklin Thompson. Eileen Stevens sued all the defendants for loss of consortium, with respect to her husband. 

The plaintiffs are seeking judgment, jointly and severally, in excess of $50,000.

The plaintiffs are represented by Robert N. Braker of Saltz Mongeluzzi Barrett & Bendesky in Philadelphia.

The defendants are represented by Joseph McHale and Brandon R. Gamble of Stradley Ronon Stevens & Young in Malvern, and Beth A. Carter and Jillian Vukson of Bennett Bricklin & Saltzburg in Philadelphia.

Philadelphia County Court of Common Pleas case 150601428

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

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