PHILADELPHIA – Counsel for the defendants in a motor vehicle accident want the case moved to a more “proper” venue of Delaware County, but an attorney for the plaintiffs claims their objection is untimely.
Lynn Ann Zikoski filed a motion for preliminary objections on June 23, seeking a transfer of the pending lawsuit against her clients Kacey Jones of Linwood and Kimberly Bradigan of Aston to the Delaware County Court of Common Pleas – since the accident which led to the lawsuit took place there.
In his own response motion for preliminary objections filed a week later on June 30, Marc T. Sacchetta said Zikoski’s objections were filed 36 days after service of the complaint with no explanation and violated the deadline of 20 days in which to properly file preliminary objections, “causing delays and the plaintiffs to be prejudiced.”
A hearing in this matter was set for Wednesday at Philadelphia City Hall, in court chambers.
On April 25, 2013, plaintiffs Angela Bivins and Brenda Rinehart of Collingdale were traveling in a vehicle at the intersection of Baltimore and South Avenues in Media. While traveling northbound on South Avenue, it is alleged Jones’ negligent driving led to a collision between her vehicle and the one Rinehart operated.
Fellow defendant Bradigan was driving eastbound on Baltimore Avenue, when she allegedly waved Jones into the intersection and assisted in causing the accident. The plaintiffs aver negligence on the part of each defendant in this matter.
In the accident, Bivins allegedly suffered post-concussive syndrome, headaches, brain injuries, cervical injuries, lumbar injuries and radiculopathy, while Rinehart suffered abdominal, bladder, pelvic and urethral injuries.
The plaintiffs are each seeking judgment from the defendants, jointly and severally, in excess of both $50,000 and arbitration limits of the court in this case.
The plaintiffs are represented by Marc T. Sacchetta of Sacchetta & Falcone in Media.
The defendants are represented by Lynn Ann Zikoski of the Law Offices of Hubshman Flood & Bullock in Plymouth Meeting.
Philadelphia County Court of Common Pleas case 150401764
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com.