HARRISBURG — A husband and wife are suing a tree service and its driver, saying a traffic collision was due to negligence.
Christopher McDermott and Katherine McDermott filed a complaint on April 12 in the U.S. District Court for the Middle District of Pennsylvania against Carroll Tree Service Inc. and Dan Zaccagnini, alleging that defendant Zaccagnini failed to come to a complete stop at a red light.
According to the complaint, the plaintiffs allege that, on April 23, 2014, the McDermotts' vehicle, a 2011 Chevrolet HHR, was lawfully traveling eastbound on Blooming Grove Road, when the defendants' speeding and overweight vehicle operated by Zaccagnini, a 2006 Mack tractor-trailer, ran the red light for northbound Grandview Road traffic and into the path of McDermotts' vehicle, causing a collision.
As a direct and proximate result, Mr. McDermott sustained serious personal injuries including, but not limited to, a fractured right arm, bilateral fractures to his legs, a fractured right hip, six fractured ribs, injuries to the head and significant scarring, the suit says. The plaintiffs holds Carroll Tree Service Inc. and Dan Zaccagnini responsible because the defendant firm allegedly negligently hired Zaccagnini to drive the tractor trailer, negligently trained Zaccagnini in the inspection of their vehicle, failed to instruct Zaccagnini on how to properly drive, failed to exercise ordinary care to determine its employees' fitness to work and failed to properly maintain its vehicle, and because Zaccagnini allegedly was negligent in operating the truck.
The plaintiffs request a trial by jury and seek judgment against each defendant in an amount in excess of $75,000, exclusive of interest and costs. They are represented by Adam G. Reedy of Handler Henning & Rosenberg LLP in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00610