PHILADELPHIA – Though an accident case revolving around a pair of tractor-trailers has been sent to Cumberland County, that decision will be contested in the Superior Court of Pennsylvania.
Laurence I. Gross initially filed a motion to transfer on May 27, seeking Paul and Kelly Sinclair’s case sent to the Cumberland County Court of Common Pleas. Gross said the accident took place in that county, no parties reside to the suit reside in Philadelphia County and the plaintiffs reside in North Carolina.
Gross termed the situation as a “classic case” for transfer on grounds of forum non conveniens. Philadelphia County Court of Common Pleas Judge Arnold L. New concurred, granting Gross’s transfer motion and sending the case to Cumberland County court.
However, plaintiff counsel Bradley T. Beckman filed an appeal on Aug. 22 with the Superior Court of Pennsylvania, seeking to overturn New’s decision.
On Jan. 15, 2014, defendant Yakov R. Melnik was operating a commercial truck owned by First Global Express, Inc. on the Pennsylvania Turnpike, whereas Paul Sinclair was parked in a designated area off the highway, resting in his tractor-trailer. Sinclair alleges Melnik carelessly pulled into the area and collided with his vehicle, seriously injuring him.
Sinclair claimed to suffer a traumatic brain injury with post-concussive syndrome, post-traumatic vision syndrome, neurological injuries, a neck injury requiring fusion surgery and other injuries. Sinclair also alleged to have lost out on more than $50,000 in earnings and counting from the accident.
For charges of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the limits needed to guarantee a jury trial, plus costs, interest, compensatory damages and all damages under the law, plus other relief the Court deems appropriate.
The plaintiffs are represented by Beckman of Beckman & Marion, in Philadelphia.
The defendants are represented by Gross of Salmon Ricchezza Singer Turchi, also in Philadelphia.
Philadelphia County Court of Common Pleas case 160100231
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com