PHILADELPHIA – A motorcyclist has sued the driver of a recycling truck and his employers for negligence, after the driver reportedly backed up at an intersection and trapped the plaintiff and his motorcycle under that recycling truck.
Bradley M. VanScoyk of Blandon filed suit in the Philadelphia County Court of Common Pleas on Sept. 13 versus Kan Co Metal, Inc. (doing business as “Beartown Recycling”) of Philadelphia; Laurel Recycling, Inc. (doing business as “Ephrata Recycling”) and WPTM, LLC, both of Ephrata; Beartown Recycling, LLC of Narvon; and Donald W. Shaw of Denver.
On Aug. 8, at about noon, Shaw was the driver of a tractor-trailer owned by Beartown Recycling and an employee of the remaining defendants. At the time in question, Shaw had stopped the tractor-trailer he was driving at the intersection of East Huller Lane and Leesport Avenue in front of the plaintiff VanScoyk, who was riding his motorcycle, it is alleged.
Per the complaint, Shaw proceeded to enter the intersection and without warning, put the truck into reverse and trapped VanScoyk and his motorcycle under the left rear wheels of the tractor-trailer, it is alleged.
As a result of this action, VanScoyk allegedly suffered multiple fractures, abdominal contusions, post-traumatic stress and a severe, permanent shock to his nervous system – and seeks to ascribe Shaw’s supposedly-negligent action to his employer(s) through the respondeat superior theory of liability.
The suit states the negligence of defendant Shaw was due to operating the tractor-trailer in a careless manner, failing to give proper and adequate warning before backing up the tractor-trailer at the intersection and doing so without having a clear view of the vehicles behind him, among other charges.
For a count of negligence, the plaintiff is seeking damages in excess of $50,000.
The plaintiff is represented by Robert G. Bellwoar in Philadelphia.
Philadelphia County Court of Common Pleas case 170901249
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com