Nicholas Malfitano Nov. 19, 2015, 9:53am


PHILADELPHIA – The choice of venue is a contended issue in the case of a severe auto accident in West Goshen Township that left one man with traumatic brain injury.

Eric A. Weiss filed a motion for preliminary objections on Aug. 19, looking for West Chester Richard J. Dixon’s lawsuit to be transferred to Chester County, on account of the accident taking place there. Weiss also sought the striking of punitive damages from Dixon’s complaint, for “impermissibly setting forth a course of action.”

In response, Thomas Moribondo filed a miscellaneous motion on Aug. 31, seeking Philadelphia County Court of Common Pleas approval to take depositions and conduct discovery on disputed issues of fact, related to the question of venue. 

Moribondo claimed defendant Faulkner Buick GMC West Chester held a registered office in Philadelphia County at the time of the accident in question, and further, that the dealership moved its office to West Chester (located in Chester County) a mere one month after the filing of the complaint. Moribondo sought 45 days from the court to conduct discovery to resolve this conflict. 

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

On Dec. 3, Faulkner entrusted employee Andrew J. Mathews with the task of filling the gas tank of a BMW automobile prior to delivery to its purchaser. Per the suit, Mathews was 19 years old at the time and had possessed a driver’s license for less than a year.

Mathews drove the BMW to a Wawa convenience store in Chester to fill the tank, and planned to return to the Faulkner dealership. Mathews was then traveling east on Westtown Road, in West Goshen Township. At the same time, Dixon was driving his Kia Spectra to United Tire & Service, in order to purchase four new tires for his vehicle and have them installed.

According to the lawsuit, the speed limit on Westtown Road was 45 miles per hour and the asphalt was slick from a recent rain. The suit says, despite those conditions, Mathews operated the BMW at a speed of 80 miles per hour and collided with Dixon’s vehicle at the intersection of Westtown Road and East Nields Street. Mathews’ vehicle was estimated to be traveling 70 miles per hour at the moment of impact.

Dixon suffered a very long list of injuries in the resulting crash, including traumatic brain injury, coma, numerous rib and vertebrae fractures, and many other injuries necessitating corrective surgery and rehabilitation. 

The plaintiffs are seeking judgment in excess of $50,000, plus all costs, fees and damages for negligence/recklessness, and punitive damages.

The plaintiffs are represented by Moribondo, in Philadelphia.

The defendants are represented by Weiss and Eric I. Yun of Marshall Dennehey Warner Coleman & Goggin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150601884

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

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