LANCASTER -- A Florida woman has filed a negligence-related lawsuit against two motor vehicle operators and a singular company, one of the operators whose car she was a passenger in at the time of a collision that occurred last summer.
Janice Murch of Zephyrhills, Florida, filed suit on Jan. 4 in the Lancaster County Court of Common Pleas against Robert Fragale Jr. of Hockessin, Delaware, plus David Ehrlich and Amish Farm and House LLC, both of Lancaster.
“On or about July 27, 2016, plaintiff was the passenger of a motor vehicle operated by [David] Ehrlich, owned by Amish Farm and House, LLC, which was traveling at or near the intersection of Newport Road and Stumpton Road in Lancaster, Pennsylvania. At about the same date and time, defendant [Robert] Fragale Jr.’s vehicle was involved in a motor vehicle collision with the vehicle in which plaintiff was a passenger,” the suit states.
“At or about the same date and time, defendant [David] Ehrlich was the operator of a motor vehicle which was owned by defendant Amish Farm and House, LLC, which was traveling at or near the aforesaid intersection and/or location of plaintiff’s vehicle. At about the same date and time, defendant’s vehicle was involved in a motor vehicle collision. At all times relevant hereto, upon information and belief, defendant [David] Ehrlich was operating the aforementioned defendant Amish Farm and House, LLC’s motor vehicle as defendant’s agent, servant and/or employee acting in the scope of their agency.”
The suit continues, “The aforesaid motor vehicle collision was caused by the defendants negligently and/or carelessly, operating their vehicles in such a manner so as to cause a motor vehicle collision. As a direct and proximate result of the joint and/or several and/or direct or vicarious negligence and/or carelessness of the defendants, plaintiff has sustained serious, permanent personal injuries and damages.”
Murch claims the motorist defendants failed abide by the rules of the road and the Commonwealth of Pennsylvania and failed to have their respective vehicles under control, while Amish Farm and House was responsible for the accident under both negligent entrustment and the respondeat superior theory of liability.
The plaintiff adds she suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent serious disfigurement and/or aggravation of certain injuries, plus emotional injuries and medical/rehabilitative expenses equal to or in excess of the amount afforded by the Pennsylvania Motor Vehicle Financial Responsibility Law.
The plaintiff seeks damages from each defendant in excess of $50,000, plus all costs and other relief.
The plaintiff is represented by Marc I. Simon of Simon & Simon in Philadelphia.
Lancaster County Court of Common Pleas case 17-00048
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org.