Lawsuit filed over 2009 pedestrian death on Philly's Roosevelt Boulevard

A woman in charge of the estate of a man who was struck and killed by a vehicle on a road once designated the worst thoroughfare in the country is suing those allegedly responsible for his death.

Attorney Bruce Martin Ginsburg, of the Philadelphia firm Ginsburg & Associates, filed the civil claim Aug. 24 at the Philadelphia Court of Common Pleas on behalf of Philadelphia resident Carolyn Wilson, administratrix of the estate of Carson Moody, who died after being struck by a vehicle driving along the Roosevelt Boulevard near the intersection with Bridge Street.

The defendants named in the lawsuit are Philadelphia residents Robert Burrus and Charline Roane, as well as the Pennsylvania Financial Responsibility Assigned Claims Plan.

Burrus was the driver of the 2005 Kia Sedona that struck Moody, who was a pedestrian at the time of the accident, and Roane was the owner of the vehicle.

The accident, according to the lawsuit, occurred on Sept. 27, 2009.

“As a result of this accident, Plaintiff, Carson Moody, suffered injuries resulting in his death, which injuries did cause Plaintiff great pain and suffering,” the lawsuit claims.

The lawsuit accuses the defendants of negligence for operating a vehicle at a high and dangerous rate of speed under the circumstances, failing to keep proper distance from pedestrians, failing to keep a lookout for others lawfully using public roadways, negligent entrustment of a motor vehicle and violating state and local laws.

For the first count listed in the lawsuit, the plaintiff demands judgment against the defendants, jointly and/or severally, in a sum in excess of $50,000, plus interest and related costs.

The lawsuit also contains a first party benefits count in which the plaintiff claims that defendant Pennsylvania Financial Responsibility Assigned Clams Plan had refused to pay for Moody’s medical expenses and other “allowable expenses.”

“As a direct result of Defendant’s wrongful conduct and breach of their contract of insurance, Plaintiff, Carson Moody, has been forced to suffer a severe economic loss and has been or may be deprived of the necessary medical treatment,” the lawsuit states.

As administratrix of Moody’s estate, Wilson demands judgment against defendant Pennsylvania Financial Responsibility Assigned Claims Plan in a sum in excess of $50,000 for personal injury protection benefits.

A third count in the lawsuit seeks judgment against Pennsylvania Financial Responsibility Assigned Claims Plan for uninsured motorist benefits, also in a sum in excess of $50,000.

The plaintiff has demanded a jury trial.

The Roosevelt Boulevard, portions of which are also known as Route 1, is one of Philadelphia’s most notorious highways. It has been the seen of many hit-and-runs, fatal motor vehicle accidents and pedestrian incidents throughout the years.

The roadway was one of the first in Philadelphia to be installed with the city’s red light camera program, which takes pictures of vehicles that run red lights and sends automated tickets to registered owners in the mail.

State Farm Insurance Co. issued a report in 2001 that said the second and third worst intersections in the country are located along the Roosevelt Boulevard.

The case number is 110803585.