Nicholas Malfitano Oct. 23, 2015, 10:02am


PHILADELPHIA – Counsel for an Emmaus-based trucking company and their driver involved in a fatal collision one year ago are moving for the case filed against them to be moved to Lehigh County.

Brian G. Welsh filed a motion for preliminary objections on July 22, wanting the case brought by Paul Mondovich Jr. of Macungie sent to the Lehigh County Court of Common Pleas. Welsh explained the accident on which the wrongful death and survival lawsuit is centered took place in Lehigh County and all parties involved reside and/or are based there, making it the only appropriate venue for the suit.

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

On Oct. 18, 2014, the plaintiff’s son, Paul Mondovich III, was driving a 2010 Mazda 3 hatchback westbound on Buckeye Road in Upper Milford Township. Simultaneously, defendant Carlos M. Sousa, employed by fellow defendant T.J. Cougle Trucking, Inc., was operating a 2004 Freightliner Columbia 120 tractor-trailer and exiting the driveway of a private residence on Buckeye Road.

The suit says Sousa attempted to make a right turn out of the driveway, and drove his tractor-trailer into the path of Mondovich III’s vehicle, causing his death in a fatal collision. The cause of Mondovich III’s death was listed as multiple blunt force head traumas.

Mondovich Jr. alleges the trucking company’s failure to properly train, equip, maintain and supervise Sousa and his vehicle caused the deadly crash. The suit further states the plaintiff incurred the loss of his son’s service, guidance, society and comfort, in addition to administrative, ambulance and funeral expenses.

The plaintiff is seeking statutory beneficiary damages, individually, jointly and severally, in excess of $50,000, including delay damages, costs and other relief in this case.

The plaintiff is represented by Gregg Durlofsky in Plymouth Meeting.

The defendants are represented by Brian G. Welsh of Rawle & Henderson, in Philadelphia.

Philadelphia County Court of Common Pleas case 150301818

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

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