Nicholas Malfitano Apr. 26, 2016, 11:39am


PHILADELPHIA – A lawsuit related to a fatal tractor-trailer collision has been transferred to the Montgomery County Court of Common Pleas, which will decide the fate of other preliminary objections tied to the case.

Philadelphia County Court of Common Pleas Judge Arnold L. New decided Thursday that Bernice Jeffers’ litigation against Birchmont Transport and Custom Processing Services, LLC of Birdsboro and Custom Processing Services, Inc. of Reading would head to court in Montgomery County – in response to a series of preliminary objections from defense counsel members James D. Hilly, Chester F. Darlington Jr. and Candace N. Edgar.

Hilly filed a motion for preliminary objections on Nov. 5, charging the lawsuit should be heard in Montgomery County and seeking the striking of language related to “loss of ordinary pleasures and enjoyment of life”, plus the striking of calls for punitive damages, claims of emotional distress and mental suffering of the decedent’s family and claims of “pre-impact terror.”

Darlington and Edgar made similar objections in their motions, filed Nov. 5 and Nov. 9, respectively. They also pointed out an alleged lack of specificity in the allegations brought by Jeffers.

The judiciary of the Montgomery County Court of Common Pleas will decide the end result of those aforementioned other objections.

On April 27 of last year, decedent Jermon Jeffers was operating a Volvo truck tractor-trailer southbound on the 700 block of South Park Avenue in Eagleville, located in Lower Providence Township. Per the lawsuit, defendant Edwin Olivo was also operating a truck tractor-trailer northbound at the same place and time.

The suit says Olivo improperly navigated a curve in the road, causing his trailer to dislodge and collide with Jeffers’ vehicle. Jeffers sustained serious injuries in the crash, which later proved fatal.

Jeffers’ widow and plaintiff Bernice Jeffers filed suit for negligence – wrongful death and negligence – survival action against Olivo/Birchmont Transport, Custom Processing Services, LLC and Custom Processing Services, Inc., plus charges of negligent entrustment – wrongful death and negligent entrustment – survival action against those same defendants minus Olivo.

The plaintiff is seeking, jointly and severally, damages in excess of $50,000, plus interest and costs of suit for negligence, carelessness and recklessness of all defendant parties concerned.

The plaintiff is represented by Edith A. Pearce of The Pearce Law Firm, in Philadelphia.

The defendants are represented by Louis E. Bricklin and Darlington Jr. of Bennett Bricklin & Saltzburg in Philadelphia, Hilly of Marshall Dennehey Warner Coleman & Goggin in King of Prussia, plus Edgar and Todd B. Narvol of Thomas & Hafer in Harrisburg.

Philadelphia County Court of Common Pleas case 150702901

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

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