Court could sanction witness for missing depositions

By Nicholas Malfitano | Jun 25, 2015

Philadelphia City Hall  

PHILADELPHIA – A hearing taking place on Thursday may result in sanctions for a witness in a motor vehicle accident lawsuit who missed three deposition appearances over a five-month span.

Philadelphia City Hall’s Court chambers will host a hearing to ascertain whether witness David Clarke had a sufficient reason to miss deposition hearings on Oct. 6, Nov. 10 and March 6 – and if not, to determine whether financial sanctions will be imposed on him.

This proceeding is occurring in connection with a motor vehicle accident that took place over three years ago. On April 8, 2012, Philadelphia resident Alexis Harris-Addison was a passenger in a vehicle approaching the intersection of 9th Street & Rising Sun Avenue.

At that time, a second vehicle operated by Jean C. Ramos-Firas allegedly made a sudden and unexpected left-hand turn in front of the Harris-Addison vehicle and caused a collision. Ramos-Firas was engaged in his duties as an employee of Joseph’s Towing & Collision Care at the time of the accident.

Harris-Addison suffered back, knee, shoulder and wrist damage in the collision, including a medial meniscus tear and a protruding disc at her L3-L4 vertebrae.

Harris-Addison filed suit in January 2014, levying claims of negligent entrustment against Dennis and Linda Kelly, owners of the vehicle driven by Ramos-Firas and in use for Joseph’s Towing & Collision Care, plus Broad & Pike Motors.

That pair of businesses also received charges of negligence, in addition to a charge of negligence against Ramos-Firas for the manner in which he allegedly operated his vehicle prior to the crash.

The plaintiff is seeking judgment jointly and severally against all defendants for a sum in excess of $50,000.

The plaintiff is represented by John J. DiPaul II, in Philadelphia.

The defendants are represented by Eli Gabay of Solomon Sherman & Gabay in Philadelphia, Francesca A. Iacovangelo in Philadelphia and John C. Smith in Media.

Philadelphia County Court of Common Pleas 140102594

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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