PHILADELPHIA – Defense counsel retained in a motor vehicle accident negligence action has successfully petitioned the Philadelphia County Court of Common Pleas that it is an improper venue in which to hear pending litigation.
Judge Arnold L. New of the Philadelphia County Court of Common Pleas ruled Wednesday the lawsuit initiated in April by Sarver resident David Barthel against Steve Franklin Orange (initially misidentified as “Steve Franklin”) of Hyde Park and Penn United Technologies of Cabot, would be transferred to the Butler County Court of Common Pleas.
Further, New ruled Barthel and his attorney Marc I. Simon would effectuate the transfer and pay all costs associated with the move within 30 days, or face dismissal of the complaint with prejudice.
Defense attorney Greg A. Ray first stated his desire for the case’s transfer through a motion of preliminary objections filed on May 4. Ray felt since all parties concerned were based in Butler County and the accident at issue took place there, that it was better suited for further legal proceedings in the case.
Barthel’s lawsuit claims on Jan. 7, 2014, he was traveling near 356 Wynnefield Road in Cabot, when his vehicle collided with that driven by Orange, an employee of Penn United Technologies. Barthel claims Orange’s speeding and not keeping a clear distance caused the accident.
Barthel sustained serious and permanent injuries in the accident, in addition to impairment of bodily function, loss of earning capacity and incurring medical bills in excess of the allowed recoverable amount under the Pennsylvania Motor Vehicle Financial Responsibility Law.
Barthel’s suit levies claims of negligence against Orange and both negligent entrustment and the respondeat superior theory of liability against Penn United Technologies for their employment of Orange as an unqualified driver.
The plaintiff is seeking judgment in excess of $50,000, plus court costs and other relief as deemed appropriate.
The plaintiff is represented by Simon, of Simon & Simon, in Philadelphia.
The defendant is represented by Ray of Mancheski & Bunker, also in Philadelphia.
Philadelphia County Court of Common Pleas case 150304402
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com