PHILADELPHIA – Plaintiff counsel for a lady injured in an accident aboard a Southeastern Pennsylvania Transportation Authority (SEPTA) trolley is leaving the lawsuit connected with that accident, citing “irreconcilable differences.”
Valerie A. Pedicone of Spivack & Spivack filed a motion to withdraw her appearance on March 16. Pedicone indicated while proper service of Joanna Sweeny’s complaint against SEPTA was made on Dec. 17, the statute of limitations associated with the case expired on Feb. 18 of this year.
Pedicone further indicated irreconcilable differences developed between her and Sweeny regarding the suit, and Pedicone believed the plaintiff should secure new counsel. In her motion, Pedicone said she advised Sweeny of this decision via both regular mail and certified mail, and requested the Philadelphia County Court of Common Pleas stay all proceedings in this matter, pending the resolution of her withdrawal motion.
A hearing in this matter was set for Friday in Court chambers, at Philadelphia City Hall.
On Feb. 19, 2014, Sweeny was boarding the Route 11 SEPTA trolley in Philadelphia, at the intersection of 13th and Market Streets. Sweeny says she alerted the trolley driver that she was boarding the vehicle by saying, “Coming on.”
According to the complaint, the driver proceeded to negligently move the trolley forward as Sweeny was boarding, causing her to fall and become injured. Sweeny averred she suffered injuries to her left elbow, left shoulder and left hand, in addition to a myriad of other injuries, including a broken clavicle.
The plaintiff is seeking compensatory damages in excess of $50,000, plus interest, fees, costs and other relief in this case.
The defendant is represented by Maria R. Puzio of SEPTA’s Legal Department, also in Philadelphia.
Philadelphia County Court of Common Pleas case 151201601
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com