PHILADELPHIA – A Philadelphia food truck owner’s recently filed lawsuit says his business’s competitive fire has been extinguished after a blaze originating from a nearby truck engulfed his own, a circumstance the plaintiff argues was entirely preventable.

M.A.T.T.’s Food Group, Inc. (doing business as “Matt’s Food Truck”) of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on March 13 versus 3045 West Jeff LP (c/o John J. Long III) of Willow Grove, USA Mobile Commissary, Inc. of Philadelphia and Worldwide Burrito Co. of Newtown.

The suit concerns Matt’s Food Truck, which was parked at the USA Mobile Commissary location on the 1500 block of North 31st Street, in the Brewerytown section of Philadelphia. Defendant Worldwide Burrito Co.’s food truck was parked nearby in the same area.

“On June 6, 2016, plaintiff’s food truck was parked overnight at the Commissary when, on information and belief, electrical equipment on the food truck operated by defendant Worldwide Burrito Co. – which equipment had been negligently maintained and/or serviced by Worldwide – ignited a fire on the Worldwide truck,” the suit says.

“Due to the failure of defendant West Jeff and/or defendant USA Mobile to properly install and/or maintain fire protection and/or suppression systems in the Commissary, the fire on the Worldwide truck was allowed to burn and/or smolder for a prolonged period of time prior to the Philadelphia Fire Department becoming aware of said fire and eventually extinguishing it.”

According to the litigation, the aforementioned and adjacent fire caused extensive damage to plaintiff’s food truck, more so than would have transpired if the fire been promptly extinguished, and to such an extent that it rendered plaintiff’s food truck inoperable and effectively terminated plaintiff’s lease with defendant USA Mobile for said truck.

“For reasons beyond plaintiff’s control, plaintiff has since been unable to acquire a different food truck with which to continue operating the business known as Matt’s Food Truck, and has lost considerable expected income from the business’s operations as a result. Plaintiff was in no way contributorily negligent with regard to the events described herein, which occurred solely due to the negligence of one or more defendants,” the suit states.

For individual counts of negligence against each defendant, the plaintiff is seeking damages in excess of $50,000

The plaintiff is represented by Benjamin J. Simmons of Defino Law Associates, in Philadelphia.

Philadelphia County Court of Common Pleas case 180301513

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Philadelphia County Court of Common Pleas




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