PHILADELPHIA – An arbitration hearing is set for this summer in a case featuring Allstate Insurance Company attempting to recover funds it says it expended on behalf of one of its policyholders, when that same policyholder was involved in a serious car crash nearly two years ago.
The hearing is set for July 10 at 10:45 a.m., in the Arbitration Center at 1880 JFK Boulevard in Center City, Philadelphia.
Allstate Fire and Casualty Insurance Company (as subrogee of Ana Cubero) of Northbrook, Ill. first filed suit in the Philadelphia County Court of Common Pleas on June 14, 2017 versus Jayson Rivera Jr. of Philadelphia and Old Dominion Freight Line, Inc. of Thomasville, N.C.
“On or about Aug. 3, 2015, Ana Cubero was the owner and operator of a vehicle traveling west on Allegheny Avenue, near the intersection with 17th Street, in the City of Philadelphia, Commonwealth of Pennsylvania. On or about Aug. 3, 2015, defendant, Old Dominion Freight Line, Inc. owned a vehicle and operated by its agent, servant and/or employee defendant Jayson Rivera Jr. west on Allegheny Avenue, near the intersection with 17th Street, in the City of Philadelphia, Commonwealth of Pennsylvania. Negligently and without warning, defendant Jayson Rivera Jr. struck the Cubero vehicle,” the complaint stated.
“As a result of the defendants Jayson Rivera Jr. and Old Dominion Freight Line Inc.’s negligence, plaintiff’s insured sustained significant property damage to his vehicle. Plaintiff paid their insured to others on behalf of their insured, under their policy, the total amount of $8,432.79,” the complaint read.
According to the lawsuit, Rivera operated the vehicle too fast for the traffic and weather conditions at the time, among other violations of the traffic laws.
For individual counts of negligence levied against both defendants, the plaintiff is seeking damages of $8,432.79, plus interest and costs in this matter.
The plaintiff is represented by James Carfagno of the Law Offices of Kenneth S. O’Neill, in Philadelphia.
The defendant is represented by June J. Essis of Fineman Krekstein & Harris, also in Philadelphia.
Philadelphia County Court of Common Pleas case 170601426
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com