Case involving man injured by fallen utility pole slated for settlement proceedings

By Nicholas Malfitano | May 18, 2018

PHILADELPHIA – Litigation from a man who was injured by a fallen utility pole that crashed through his residence three years ago has been scheduled for a settlement conference this autumn, before the case sees the inside of a courtroom next winter.

Per a case management order issued by Philadelphia County Court of Common Pleas Judge Arnold L. New on Sept. 29, it directed that a settlement conference would be able to be scheduled subsequent to Oct. 1. Before that time, all counsel will file detailed pre-trial documentation prior to that same date. A pre-trial conference will be available for any date after Dec. 3, with an anticipated trial date of Jan. 7, 2019.

John Peck of Honey Brook first filed suit in the Philadelphia County Court of Common Pleas on June 19, 2017 versus James Pesta of Lebanon, R&L Transfer, Inc. of Alexandria, Ind., R&L Carriers of Wilmington, Ohio, plus PPL Electric Utilities Corporation, of Allentown.

On or about June 29, 2015, Peck was inside his residence in Honey Brook, while Pesta was operating a tractor-trailer owned by the R&L defendants and traveling eastbound directly outside of the plaintiff’s residence. However, Pesta allegedly failed to notice low-hanging overhead power lines and his vehicle struck those power lines.

The resulting impact from the collision of the tractor-trailer and overhead utility lines caused a nearby utility pole to break and fall, which then fell through Peck’s residence, the suit says. The accident caused Peck to suffer injuries to his right arm and shoulder, which required surgery, the suit says.

“This incident was caused by the negligence, carelessness and recklessness of defendants James Pesta, R&L Transfer, Inc., R&L Carriers, PPL Electric Utilities and PPL Corporation,” the lawsuit read.

For multiple counts of negligence and negligent entrustment levied against the defendants, the plaintiff is seeking damages, individually, jointly and severally, in excess of $50,000, plus interest, costs, fees and any other further relief the Court may deem just and proper in this matter.

The plaintiff is represented by Ammar S. Wasfi of The Killino Firm, in Philadelphia.

The defendants are represented by Mark Paladino and Andrew F. Susko of White & Williams, plus James DeCinti and John T. Pion of Pion Nerone Girman Winslow, in Harrisburg and Pittsburgh.

Philadelphia County Court of Common Pleas case 170601966

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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