Brain damage victim who was struck by landscaping equipment sues suburban Phila. company

By Jon Campisi | Aug 29, 2012

A suburban Philadelphia landscaping business is facing a personal injury claim by a

A suburban Philadelphia landscaping business is facing a personal injury claim by a

woman who allegedly suffered severe, life-threatening injuries, including brain damage, after her vehicle was struck by a piece of landscaping equipment that came loose from the truck by which it was being towed on a state road.

Attorneys with Philadelphia’s Saltz, Mongeluzzi, Barrett & Bendesky filed suit in state court in Philadelphia Aug. 24 on behalf of Blue Bell, Pa. resident Amanda Banaszewski.

The defendants named in the civil action are Norristown-based Corbo Landscaping Corp., Bloomsburg, Pa.-based Deacon Equipment Co. and Philadelphia-based Morbark Corp. Inc.

The complaint states that Banaszewskis' 1999 Volkswagen Beetle, which she was driving northbound on DeKalb Pike in Whitpain Township back on Sept. 23, 2010 at about 3:30 p.m., was struck by a Brush Chipper that came loose from the GMC Topkick being driven southbound on DeKalb Pike by Corbo Landscaping employees.

The chipper had come loose after the hitch that was holding it to the truck severed, causing the device to hurtle over the center line of the roadway and strike the driver side door of the plaintiff’s vehicle, which was traveling the opposite way.

As a result of the accident, Banaszewski sustained “disabling and catastrophic” injuries, including brain damage, a concussion, persistent and excruciating headaches, dizziness, vertigo, memory loss, inability to communicate resulting in the stuttering of speech, inability to focus attention, shooting pains in her legs, severe pains in her left arm, back and neck pain, hand pain, cognitive deficiencies, neurological injuries, orthopedic injuries, and psychiatric and emotional trauma, according to the lawsuit.

The plaintiff also continues to suffer from mental anguish, humiliation, embarrassment, fear, loss of well-being, inability to enjoy the normal pleasures of life, and restrictions on her ability to engage in normal activities, the suit claims.

The complaint accuses the defendants of being grossly negligent and reckless in causing and permitting the Brush Chipper to become detached and free on the highway, allowing the device to collide with the plaintiff’s vehicle, failing to securely fasten the chipper to the GMC truck, failing to ensure the truck was secured to the chipper for travel, failing to conduct a pre-trip inspection, and other alleged acts of carelessness and negligence.

The suit states that Banaszewski had to spend a great deal of money on medical treatment and that she will continue to seek medical care, including hospitalizations, treatment, future operations, testing and rehabilitation in an attempt to alleviate and/or cure her condition.

The complaint contains counts of negligence, strict liability and breach of warranty.

Banaszewski seeks compensatory damages in excess of $50,000, plus interest, litigation costs and delay damages.

A jury trial is being demanded.


The case ID number is 120802632. 

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