Bike messenger and employer face complaint stemming from pedestrian accident

By Jon Campisi | Nov 2, 2011

A pedestrian who claims she sustained bodily injuries after being struck by a bike messenger while she was crossing a Center City, Philadelphia street has filed a personal injury complaint against the cyclist and the company he was working for at the time of the incident.

Philadelphia attorney John M. Logue, of the law firm of Silvers, Langsam & Weitzman, P.C., filed the civil action Oct. 31 at the Philadelphia Court of Common Pleas on behalf of Philadelphia resident Vendela Bonner.

Named as defendants in the lawsuit are Philadelphia-based One Hour Messengers, Inc. and Philadelphia resident Thomas Tiberio.

According to the lawsuit, Bonner was in a marked crosswalk at John F. Kennedy Boulevard and 17th Street in Philadelphia on March 15 when she was struck by a bicycle operated by Tiberio, who was riding his bike in the capacity of his job as a bike messenger.

Tiberio, who was traveling westbound on John F. Kennedy Boulevard through the intersection with 17th Street, ran a steady red light at the time of the incident, which caused him to strike the plaintiff, sending Bonner “violently to the ground,” the lawsuit states.

As a result of the incident, Bonner sustained lower extremity contusions and abrasions, acute post-traumatic cervical sprain and strain, acute post-traumatic thoracic sprain and strain, acute post-traumatic lumbar sprain and strain, a closed head injury, headaches, shock to the nervous system and other injuries, the suit claims.

The complaint alleges that Bonner has suffered physical pain and anguish, and the loss of the enjoyment of her usual and daily activities. She has also been hindered from carrying out her usual occupations, activities and pleasures, and may sustain permanent diminution in her ability to enjoy life’s pleasures.

Bonner has incurred various medical expenses and she has suffered a loss of earnings because of her inability to work.

The lawsuit accuses the defendants of negligence for operating a bicycle at an excessive rate of speed, failing to have the bicycle under proper and adequate control, operating a bicycle without due regard to the rights, safety and position of the plaintiff, failing to follow the rules of the road, driving a vehicle with careless disregard for the safety of the plaintiff and others, failing to stop before entering an intersection, failing to exercise care when operating a vehicle through an intersection where pedestrians may be expected to be present, failing to avoid colliding with the plaintiff, and being inattentive.

Bonner demands judgment against the defendants, individually, jointly and/or severally, in a sum not in excess of $50,000, together with interest, court costs and other relief.

An arbitration hearing on the matter is scheduled to take place July 6, 2012.

The case number is 111004091.

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