PITTSBURGH – A Western Pennsylvania trucking company has denied claims that a load the plaintiff was carrying, which weighed in excess of 40,000 pounds, shifted without warning and caused his truck to overturn.
Daryl L. Williams of Braddock first filed suit in the Allegheny County Court of Common Pleas on July 21 versus Universal Logistics Holdings, Inc. of Warren, Mich. and Universal Intermodal Services, Inc., of Erie.
“At all relevant times, plaintiff contracted with Universal defendants to serve as an owner-operator and/or contract truck driver for Universal defendants, wherein plaintiff would engage in the hauling of containers and/or freight in and out of rail yards. At relevant times, plaintiff was lawfully operating a 2014 Freightliner truck, leased by plaintiff, and attached 20-foot trailer, provided by Universal defendants, containing 44,864 pounds of cargo,” the suit said.
“On Aug. 17, 2022, at or around 12:44 p.m., after attaching the aforementioned trailer to the Freightliner truck, plaintiff, approached the intersection of Route 130 (Broadway Boulevard) and Route 48 (Mosside Boulevard) in Monroeville, Allegheny County, Pennsylvania. Once at the intersection of Route 130 (Broadway Boulevard) and Route 48 (Mosside Boulevard), plaintiff began to slowly and cautiously navigate a left turn northbound onto Mosside Boulevard from Broadway Boulevard. In attempting to slowly and cautiously navigate the left turn, however, the 44,864-pound load inside of the 20-foot trailer attached to plaintiff’s truck suddenly shifted, without warning, causing the truck and trailer to suddenly and violently overturn causing plaintiff to sustain severe bodily injuries.”
The suit added due to the defendants’ negligence, carelessness and recklessness, the plaintiff has sustained a concussion with loss of consciousness, bruises, contusions and other injuries and nervousness, emotional tension, anxiety and depression.
“Daryl Williams has suffered great pain, suffering, inconvenience, embarrassment, mental anguish, and emotional and psychological trauma; he will be required to expend large sums of money for medical treatment and care, hospitalization, medical supplies, rehabilitation and therapeutic treatment, medicines and other attendant services; sustained lost earnings, and plaintiff’s earning capacity has been reduced and may be permanently impaired; an inability to enjoy various pleasures of life that were previously enjoyed and loss and impairment of general health, strength and vitality,” the suit stated.
On Sept. 7, a stipulation was agreed upon to release Universal Logistics Holding, Inc. from the case, due to being erroneously named in the case.
“It has been represented by counsel for Universal Intermodal Services, Inc., that it is the entity that entered into an independent contractor agreement with plaintiff Daryl Williams. It has further been represented by counsel for Universal Intermodal Services, Inc. that defendant Universal Logistics Holdings, Inc., was incorrectly named in this matter. Based upon the above representations, it is hereby stipulated and agreed by counsel for plaintiff and counsel for defendants that defendant Universal Logistics Holdings, Inc. be dismissed from the case without prejudice,” the stipulation said.
“The parties further stipulate that any plaintiff may rejoin defendant Universal Logistics Holdings, Inc. if discovery reveals facts to support it may be liable, and that defendant Universal Logistics Holdings, Inc. may not raise the defense of the expiration of the statute of limitations in response to the motion to rejoin.”
UPDATE
Citing diversity of jurisdiction between the parties and the amount of damages in question, the defendant removed the case to the U.S. District Court for the Western District of Pennsylvania on Sept. 8, and followed up the removal with an answer and new matter on Sept. 25.
“Plaintiff’s complaint fails to plead any cognizable claims against defendant. To the extent applicable, defendant raises the pertinent statute of limitations as complete and/or partial bar to plaintiff’s claims. Defendant raises plaintiff’s contributory and/or comparative negligence as a complete and/or partial bar to plaintiff’s claims. Defendant raises plaintiff’s assumption of a known risk as a complete and/or partial bar to plaintiff’s claims,” the new matter said.
“Defendant raises the superseding and/or intervening acts and omissions of third-parties over whom defendant neither had the right nor duty of control as a complete and/or partial bar to plaintiff’s claims. To the extent applicable, defendant raises plaintiff’s failure to mitigate damages as a complete and/or partial bar to plaintiff’s claims. Plaintiff’s claims may be barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law or other, similar applicable law. Plaintiff has failed to join necessary and/or indispensable party/parties and/or claims herein pursuant to Federal Civil Rule 19.”
For one count of negligence, the plaintiff is seeking compensatory damages in excess of the jurisdictional limits of compulsory arbitration, together with court costs, interest and such other and further relief as this Honorable Court may deem just and equitable.
The plaintiff is represented by Chad P. Shannon of Friday & Cox, in Pittsburgh.
The defendant is represented by John T. Pion and Brendan K. Birmingham of Pion Nerone Girman Winslow & Smith, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:23-cv-01613
Allegheny County Court of Common Pleas case GD-23-008871
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com