Defense lawyer seeks transfer of motor vehicle injury case out of Phila. Common Pleas Court

By Jon Campisi | Jul 30, 2013

A lawyer representing a driver and the Minnesota-based company for which he works has

A lawyer representing a driver and the Minnesota-based company for which he works has

petitioned the federal court in Philadelphia to hear an automobile injury case, contending the matter was improperly filed in state court.

Michael F. Schleigh, an attorney practicing with the King of Prussia, Pa. firm Forry Ullman, filed a Notice of Removal on July 25 at the Eastern District of Pennsylvania urging a federal judge to take over a case initiated early last month by Philadelphia resident Latanya Dunn.

Dunn filed suit at the Philadelphia Court of Common Pleas on June 6 against Patrick Parker, Jr., who resides in Minnesota, and Eagan, MN-based Cresco Capital Inc.

Dunn, the plaintiff, who is being represented by Philadelphia lawyer David Kwartler, of the Law Offices of Craig A. Altman, claims she sustained serious back injuries on Dec. 7, 2011, as a result of her Mitsubishi Outlander being struck by a vehicle driven by Parker, and owned by Cresco Capital.

The accident, which occurred at the intersection of Island and Lindbergh Avenues in South Philadelphia, caused Dunn to sustain back injuries and aggravated some of the woman’s pre-existing conditions, the complaint alleges.

The lawsuit contains personal injury counts and property damage claims against both Cresco Capital and Patrick Parker.

Parker is accused of operating a motor vehicle in a negligent, careless and/or reckless manner, failing to have his vehicle under proper control, being inattentive while driving, failing to keep an adequate distance between vehicles, and engaging in other acts of negligence.

In addition to her physical injuries, Dunn claims the accident caused her to suffer emotionally and economically, the latter because of her need to seek out medical attention.

She also claims to have suffered earnings losses and a loss of earning capacity.

In his removal notice, defense attorney Schleigh states that the matter belongs in federal, not state, court, because there is diversity in citizenship between the parties and due to the fact that the amount in controversy appears to exceed the jurisdictional limit in a Pennsylvania state court, two requirements in order for a suit to be sent to a District Court.

The federal court docket in the case shows that the matter has been assigned to U.S. District Judge Mary A. McLaughlin.

The state case ID number is 130601048 and the federal case number is 2:13-cv-04312-MAM. 

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