Nicholas Malfitano Jul. 26, 2016, 1:41pm


PHILADELPHIA – A Philadelphia judge has denied a motion to transfer a motor vehicle accident case to Luzerne County, despite a defense attorney claiming the case being heard in a local jurisdiction was a form of “harassment.”

Joseph A. Breymeier filed a motion to transfer Shickshinny resident Tracy Butka’s case against Donald Bachman of Plains, Pep Boys in Philadelphia and ARI Fleet Management of Wilmington, Del. to Luzerne County.

Breymeier said the matter’s cause of action (a motor vehicle accident) took place in Luzerne County, the plaintiff was based in a town 118 miles outside Philadelphia and the choice of venue as Philadelphia was “vexatious, oppressive and filed for purposes of harassment of the defendants.” Breymeier added the Luzerne County Court of Common Pleas will be more convenient to witness appearance and deposition taking and scheduling.

On July 20, Judge Arnold L. New denied the transfer motion.

On Feb. 17, 2015, Bachman was driving a commercial vehicle on behalf of Pep Boys & ARI Fleet eastbound on East Main Street in Nanticoke, in Luzerne County. Butka was driving westbound at the same location and time, when Bachman allegedly attempted to make a left turn into a parking lot for Rutten Auto – causing a collision with Butka in the process.

Butka filed a lawsuit containing charges of negligence versus Bachman for failing to operate his vehicle safely, among other violations, negligence versus the Pep Boys defendants for vicarious liability and independent negligence versus the Pep Boys defendants for failure to train, negligent entrustment and other violations.

Butka allegedly suffered cervical injury requiring surgical intervention and impairment of bodily function, among other injuries.

The plaintiff is seeking individually, jointly and severally, damages in excess of $50,000, plus interest, delay damages and other relief from all defendants in this case.

The plaintiff is represented by Eric M. Frost and Richard A. Godshall of Ostroff Injury Law, in Plymouth Meeting.

The defendants are represented by Breymeier of Naulty Scaricamazza & McDevitt, in Philadelphia.

Philadelphia County Court of Common Pleas case 160201097

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

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