Contractor negligence action could be transferred to Chester County

By Nicholas Malfitano | Aug 5, 2015

Gary C. Bender  

PHILADELPHIA – A general contractor from Malvern accused of negligence is seeking to have the case against both it and its delivery company removed to the Chester County Court of Common Pleas.

Defense counsel for Norwood Company filed preliminary objections on May 22 asking the lawsuit initiated by Paoli resident Kate L. Jones moved to Chester County, as both the subject accident took place there and though registered as a New Jersey corporation, Norwood is also based in Chester County. Fellow defendant Lester R. Summers, Inc. is based in Ephrata, in Lancaster County.

A hearing in this matter has been set for Wednesday in the Philadelphia County Court of Common Pleas chambers at Philadelphia City Hall.

Jones filed suit in April, in connection to a motor vehicle accident which took place last fall. On Nov. 4, Jones was traveling east on Route 30 in Tredyffrin Township in Chester County, when her vehicle collided with a truck owned by Lester Summers, Inc. 

Allegedly, the truck was delivering to a construction site where Norwood Company was the general contractor, and in the process, was illegally parked on Route 30 and blocking the lane of travel for cars.

Jones’ lawsuit states negligence on the part of both Norwood Company and Lester R. Summers, Inc., alleging the latter organization caused the accident through failure to abide by parking regulations and the former's failure to provide a safe construction site.

Jones sustained a fractured sternum, fractured first rib, severe whiplash, multiple contusions, mental distress and various sprains and strains, she says.

The plaintiff is seeking in excess of $50,000, plus interest, court costs and attorney’s fees, in addition to other relief the Court may deem appropriate.

The plaintiff is represented by Gary C. Bender of Forbes Bender Paolino DiSanti, in Media.

The defendants are represented by Joseph H. Riches of the Law Offices of Jeffrey H. Eiseman in Philadelphia and Alyssa A. Adams and Douglas B. Marcello of Marcello & Kivisto in Carlisle.

Philadelphia County Court of Common Pleas case 150403268

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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