.jpg)
MEDIA – After first being sent to federal court, the case of a plaintiff suing beverage companies for premises liability allegations which he said caused him to suffer serious arm and shoulder injuries in the course of his employment with a trucking company, was settled.
According to a motion for removal filed March 27 and received on April 3 of last year, Edward A. Greenberg and Dennis R. Callahan, counsel for Cott Corporation and Cott Beverages, Inc., argued the defendants had citizenship and incorporation in the nation of Canada, and the U.S. states of Florida and Georgia.
In addition to this diversity of citizenship, defense counsel believed the amount of damages in question sought by plaintiff Hector Cartagena exceeded the Delaware County Court of Common Pleas’s jurisdictional limits, and was instead appropriate for federal court.
As a result, the case was immediately sent to the U.S. District Court for the Eastern District of Pennsylvania and the defendants opposed Cartagena’s claims in their entirety. However, records indicate the case was settled for an undisclosed amount on Oct. 3 and dismissed, both with prejudice and without payment of costs.
Cartagena of Kennett Square initially filed suit on in the Delaware County Court of Common Pleas on Feb. 21, 2017, versus Concord Beverage L.P. of Tampa, Fla. and Cott Corporation of Glen Mills.
“On or about March 1, 2015, plaintiff [Hector] Cartagena was picking up a loaded trailer from defendant Cott at 20 Aldan Avenue, Glen Mills, PA, 19342, while in the course of his employment with J.B. Hunt.” the litigation says.
“Cartagena backed his truck up to the trailer that he was assigned to pick up; however, due to a defect in the cement under the trailer, he was unable to level the trailer with the hitch on his truck. Cartagena attempted to contact defendant Cott’s on-site representatives (a “yard jockey”) for assistance, but did not get a response. As a result, Cartagena suffered severe and permanent injuries,” the litigation continues.
The plaintiff said the defendants’ negligence caused him to suffer a torn left rotator cuff, arthritis as a direct result of injury and recommended elbow replacement.
Prior to settlement and for a lone count of negligence, the plaintiff was seeking damages in excess of $50,000, plus costs, interests and delay damages.
The plaintiff was represented by Emanuel Kosacci of Kosacci Law Firm, in Feasterville.
The defendants were represented by Edward A. Greenberg and Dennis R. Callahan of Ward Greenberg Heller & Reidy, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:17-cv-01367
Delaware County Court of Common Pleas case 17-001780
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com