PHILADELPHIA – According to a plaintiff counsel’s motion, the lawsuit concerning a man injured by a falling track loader/excavator while stationed in his work vehicle was discontinued without prejudice.
Per a motion filed by attorney Robert J. Mongeluzzi on Sept. 25, 2017, plaintiff Robert Purnell chose to discontinue the suit – with the matters being litigated in a similar but separate matter, Purnell v. Brubacher Excavating, Inc. Et.Al, originally filed in August of last year.
Robert Purnell of Norristown, first filed suit in the Philadelphia County Court of Common Pleas on July 6, 2017 versus Brubacher Excavating, Inc., Brubacher Management, Inc. and Brubacher Energy Services, Inc., all of Bowmansville, Joseph W. Davis, Inc. of Spring City and Isaac Enterprises Ltd., of Chester Springs.
“On or about Aug. 31, 2015, plaintiff [Robert] Purnell was sitting in his truck waiting for topsoil to be loaded into his truck. At the same time and place, an agent and/or employee of JWD and/or Isaac Enterprises was operating a track loader/excavator, loading topsoil from a pile into the truck operated by plaintiff. At the same time and place aforesaid, the track loader/excavator operated by JWD and/or Isaac Enterprises, slid down the pile of topsoil and violently crashed into the vehicle plaintiff was sitting in,” the complaint said.
In the process, Purnell claimed he suffered injuries including, but not limited to, the following: lumbago, lumbar disc herniation, lumbar facet arthropathy, cervicalgia, cervical disc herniation and cervical lumbar strain, in addition to feeling persistent pain while sitting, standing and laying down, being unable to stand, walk or drive for any length of time without feeling pain, plus emotional and psychological injuries, per the litigation.
“The aforesaid accident was in no manner whatsoever caused by any act or failure to act on the part of plaintiff [Robert] Purnell, but was caused solely and exclusively by the carelessness and negligence of defendants. Defendants are jointly and severally liable for the injuries and damages alleged herein,” the complaint continued.
Prior to discontinuance and for a pair of counts of negligence, the plaintiff was seeking damages, jointly and severally, in excess of $50,000, plus interests and costs in this matter.
The plaintiff is represented by Mongeluzzi, Andrew R. Duffy and Michael A. Budner of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.
The defendants are represented by Andrew J. Spaulding and Thomas J. Giardina of Fowler Hirtzel McNulty & Spaulding, plus Joseph H. Riches of the Law Offices of Jeffrey H. Eiseman, all in Philadelphia.
Philadelphia County Court of Common Pleas case 170700357
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com