Bike crash defendants seek case transfer to Montgomery County

By Nicholas Malfitano | Nov 18, 2015

Philadelphia City Hall  

PHILADELPHIA – The Pennsylvania Department of Transportation, PECO Energy Company and Exelon are, in an identical pair of lawsuits, moving for the cases to be transferred to Montgomery County and many of their allegations declared insufficient.

Attorney Allan E. Ells filed two separate motions for preliminary objections on July 23, in order to argue for the transfer of the cases brought by Thomas and Rosemary Donahue of Philadelphia and Dmitri and Nadedja Goutman of Broomall to Montgomery County.

Ells argued in both cases Montgomery County would serve as a proper jurisdiction since it’s where the accidents in question occurred, and also encompasses where PennDOT’s regional branch is located in King of Prussia. Alternately, Ells said Dauphin County, where PennDOT’s main office is located, would also suit this purpose.

Secondly, Ells argued the allegations of negligence in paragraph 33 of both the Donahue and Goutman lawsuits were not sufficiently specific, according to Rule 1019 (a) of the Pennsylvania Rules of Civil Procedure (PRCP).

Hearings in these matters were set for Wednesday in Court chambers, at Philadelphia City Hall.

On Aug. 24, 2013, Donahue and Goutman both claim they were severely injured when cycling on River Road in Upper Merion Township, due to the presence of dangerous and unmarked cuts in the roadway. Donahue and Goutman allege the failure of the defendants to inspect, maintain and repair the roadway directly caused both of their accidents.

In May, both Donahue and Goutman filed separate lawsuits against PennDOT, PECO Energy Company and Exelon, each charging them with negligence and vicarious liability. Both men's spouses, Rosemary Donahue and Nadedja Goutman, attached themselves to their husbands’ lawsuits, both suing for loss of consortium in their cases.

The plaintiffs are each seeking jointly and severally, compensatory damages in excess of $50,000, interest, costs, delay damages and other relief in this cases.

The plaintiffs are represented by Sean E. Quinn of Quinn Law Group, in Philadelphia.

The defendants are represented by Ells & Jesse C. Klaproth, Kathleen Kirkpatrick & Joe H. Tucker Jr. of Tucker Law Group, also all in Philadelphia.

Philadelphia County Court of Common Pleas cases 150501402 and 150500314

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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