A Montgomery County man has filed a civil action against UPS and one of its drivers over
claims that the plaintiff sustained back and other injuries following a vehicle accident that was allegedly the fault of the package deliverer.
Philadelphia attorneys Samuel J. Pace, Jr. and M. Susan Toth, of the firm Dugan, Brinkmann, Maginnis & Pace, filed the personal injury complaint Sept. 13 at the Philadelphia Court of Common Pleas on behalf of Fort Washington, Pa. resident William R. Griffin, Jr. and his wife, Lydia Griffin.
Atlanta-based United Parcel Service Inc. and Mount Laurel, N.J. resident Wui M. Lee are listed as defendants.
The complaint states that on March 28, 2011, at about 1:35 in the afternoon, William Griffin was operating his company’s Honda Pilot eastbound on Bethlehem Pike in Montgomery County when Lee, who was driving a Freightliner belonging to UPS, suddenly pulled out in front of the plaintiff causing the two vehicles to collide.
The lawsuit alleges that Lee failed to yield to Griffin at a stop sign, and pulled out into the roadway before Griffin completely cleared the intersection.
As a result of Lee’s failure to yield, the UPS vehicle struck the plaintiff’s Honda.
As a result of the accident, the suit states, Griffin sustained injuries including, but not limited to, cervical strain and sprain, aggravation of degenerative disc disease, decreased cervical rotation, tenderness to the spine, and iliotibial band strain and sprain, all of which may be permanent in nature.
The suit claims that Griffin has had to spend large sums of money on medical treatment and he is expected to do the same into the foreseeable future.
Griffin has also been limited in his performance of his daily living, recreational activities and life’s pleasures, the lawsuit claims.
The complaint accuses the defendants of negligence for failing to yield to traffic with the right of way, failing to maintain a proper lookout, and otherwise failing to observe the rules of the road.
The lawsuit also contains a loss of consortium count in which Lydia Griffin alleges she has been deprived of her husband’s companionship due to his injuries.
The plaintiffs seek damages in excess of $50,000, in addition to interest, costs, counsel fees and delay damages.
A jury trial has been demanded.
The case ID number is 120901597.