PHILADELPHIA – Defense counsel in a fatal pedestrian-truck collision that took place on I-95 believe the plaintiff’s case is now in an improper venue and lacks crucial specificity and seek to have those portions stricken from the complaint.
Allan Ells filed a motion for preliminary objections to transfer the case filed by Philadelphia resident Ricky Goldwire, Red Bank, N.J. resident D’Ann Goldwire (administratrix for the estate of Doris Goldwire), Grand Prairie, Texas resident Chakirah Chapman and Asbury Park N.J., resident Tishea Solomon, to the Delaware County Court of Common Pleas, since the subject accident took place in that jurisdiction.
Ells also requested to strike various portions of the plaintiffs’ complaint for allegedly failing to follow the Pennsylvania Rules of Civil Procedure (PRCP) for factual pleading.
Similarly, Philip D. Priore filed his own objectionary motion on Sept. 23, seeking all claims of recklessness and reckless conduct be stricken from the complaint, since there were allegedly “no facts to support these allegations, which are vague and lack sufficient specificity.”
A hearing in this matter was set for Wednesday in Court chambers, at Philadelphia City Hall.
On Jan. 24, 2014, Ricky Goldwire, Doris Goldwire and Chakirah Chapman were stranded next to their disabled vehicle (which had its hazard lights activated) near Mile Marker 6 on I-95, when they were allegedly struck by an out-of-control Amoroso’s Baking Company truck driven by defendant Leonardo Arce.
According to the suit, there were four separate collisions in the accident: The truck first struck the plaintiffs’ vehicle, in which Tishea Solomon was a passenger, then followed by individually colliding with Doris Goldwire, Ricky Goldwire and Chapman, respectively, the suit says.
The suit says the truck lost control, in part, due to a hole in the roadway and a nearby accumulation of water. It is also alleged Arce was driving the truck under the influence of alcohol at the time of the accident. All of the plaintiffs were severely injured, with Doris Goldwire dying as a result of her injuries.
Ricky Goldwire suffered a T1 vertebrae fracture, fractured skull, fractured jaw, fractured orbital bone, broken collarbone, rib fractures, a collapsed lung and road rash, among other injuries.
Chapman suffered a shattered right femur, fractured tibia, road rash, pre-orbital bruising and a left leg laceration.
Solomon suffered acute stress reaction and other orthopedic injuries.
In June, the plaintiffs filed suit against Amoroso’s Baking Company and the Pennsylvania Department of Transportation in Philadelphia, MR Logistics and Michael Rivera of Landsdowne and Arce, of New Castle, Del.
The plaintiffs are seeking, individually, jointly and severally, in excess of $50,000 on each count of a 27-count suit, including for survival, wrongful death, negligence recklessness and negligent infliction of emotional distress.
The plaintiffs are represented by Louis B. Himmelstein and Timothy J. Alles of Louis B. Himmelstein & Associates and Eleanor C. Good of the Law Offices of Snyder & Barrett, all in Philadelphia.
The defendants are represented by Joseph W. Gibley of Gibley McWilliams, in Media; Ells, John H. McCarthy, Suzanne B. Curran of Rawle & Henderson and Priore of McCormick & Priore, also all in Philadelphia.
Philadelphia County Court of Common Pleas case 150602165
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com