PHILADELPHIA – Attorneys for New Jersey Transit and one of its bus drivers believe a motor vehicle accident case against them should be heard in a New Jersey Superior Court and not the Philadelphia County Court of Common Pleas.
On Nov. 10, Dolores Rocco Kulp filed a motion for judgment on the pleadings, due to a lack of subject matter jurisdiction. Kulp’s motion desired the case brought by Tobyhana resident Geneithe I. Edwards against Salvatore Vicari of Jersey City, N.J. and New Jersey Transit Corporation in Newark, N.J., to be dismissed without prejudice.
Kulp’s motion sought dismissal in order for Edwards to refile the case in the Superior Court of Essex County, N.J., within 90 days, if the defendants do not raise an applicable statute of limitations defense by that time.
Kulp added the New Jersey Tort Claims Act requires lawsuits involving a New Jersey public entity to be filed “in a court of competent jurisdiction” in the state of New Jersey, and therefore, the Philadelphia County Court of Common Pleas lacks subject matter jurisdiction.
A hearing in this matter was set for Thursday in Court chambers, at Philadelphia City Hall.
On May 28, 2014, Edwards was driving a 2010 Suzuki sedan traveling northbound in the left lane of Dyer Avenue in New York City, near the Lincoln Tunnel. At the same time and place, Vicari operated a New Jersey Transit bus that without warning, collided with the passenger side rear of the plaintiff’s vehicle, resulting in injury, the suit claims.
Edwards alleged negligence on the part of Vicari for careless, inattentive operation of the bus, vicarious liability/respondeat superior liability to New Jersey Transit for Vicari’s actions in their employ, negligent entrustment and Vicari’s use of the bus without proper supervision.
Further, Edwards believes the Philadelphia County Court of Common Pleas is a proper venue for the case, since New Jersey Transit regularly transports passengers to Philadelphia and conducts business there.
Edwards allegedly suffered injuries to her neck, shoulder and back in the accident.
The plaintiff is seeking damages from the defendants, individually, jointly and severally, not in excess of arbitration limits.
The plaintiff is represented by Todd B. Jacobs and Anthony J. Comerota Jr., in Philadelphia.
The defendants are represented by Kulp, also in Philadelphia.
Philadelphia County Court of Common Pleas case 150803204
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com