PHILADELPHIA – A defendant in a motor vehicle accident suit previously charged with satisfying a $50,000 judgment has petitioned to vacate that judgment, on the grounds he was not properly served.
Through his counsel, Philadelphia resident Terrell D. Fletcher motioned to open and/or strike the default judgment of $50,000 entered against him in October 2013 and approved by arbitrators in January 2014. Fletcher claimed he was not served with any component of Landsdowne resident Tyisha Brooks’ litigation, including notice of the judgment and arbitrators’ award, and will testify to that effect.
Fletcher will have an opportunity to provide that testimony at a hearing in the Philadelphia County Court of Common Pleas set for Thursday in Court chambers at Philadelphia City Hall.
On May 4, 2011, Brooks was a passenger in a stopped vehicle being operated by Shadin L. Johnson, at the intersection of Woodland Avenue and 52nd Street in Philadelphia. Brooks’ suit alleges Fletcher carelessly and negligently operated his vehicle at this time, a rental car from Enterprise Rent-A-Car of Haverford, and caused a rear-end collision.
Brooks claimed to suffer cervical disc pathology, disc bulges and herniations at C2-C7 vertebrae, cervical and lumbar disc radiculopathy, pain, anguish, mental distress and humiliation in the accident.
Apart from levying negligence directly against Fletcher for his alleged actions, the March 2013 suit targets Enterprise Rent-A-Car for its role in supposedly negligently entrusting a vehicle of theirs to Fletcher.
The plaintiff is seeking judgment not in excess of $50,000.
The plaintiff is represented by Phyllis D. Haskin, in Philadelphia.
The defendants are represented by Christopher J. Pakuris, plus Robert M. Stroh and Stephen A. Scheurle of Hohn & Scheurle, also in Philadelphia.
Philadelphia County Court of Common Pleas case 130302932
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com