PHILADELPHIA – Negligence-based wrongful death litigation filed against General Motors and a number of other defendants by the mother of a young woman killed in an automobile accident nearly three years ago has been dismissed without prejudice, according to court records.
According to a praecipe to discontinue and end filed by plaintiff counsel Daniel J. Sherry Jr. of Eisenberg Rothweiler Eisenberg & Jeck on Sept. 15, the litigation initiated by plaintiff Heidi Knopsnider was requested to be dismissed without prejudice.
Knopsnider (both individually and as the administratrix of the Estate of the late Courtney S. Knopsnider) of Mount Pleasant first filed suit in the Philadelphia County Court of Common Pleas on Aug. 22, 2017 versus Mongell Dom Tire Service, Inc., Dom Mongell Tire Service, Dom Mongell Tire Service, Inc. and Mongell Tire, all of Connellsville, General Motors, LLC of Detroit, Mich. and Nicholas Todd Nicholson, of Normalville.
Plaintiff-decedent Courtney Knopsnider was severely injured and later died as a result of a single-vehicle accident which took place on Oct. 24, 2015, allegedly due to a dangerous and defective condition present in the vehicle in which she was riding at the time, a 2002 Chevrolet Monte Carlo SS.
That day, Courtney was operating the vehicle at a reasonable speed, while wearing her seat belt, eastbound on Route 164. As it approached a location in Martinsburg, the vehicle lost control on a wet roadway, spun out and struck a tree.
“During the accident sequence, which was initiated by the defective and unreasonably dangerous condition of the subject vehicle, including but not limited to the tires that were negligently sold, mounted, inspected and installed by the Mongell defendants, the roof of the vehicle crushed downwards onto plaintiff-decedent, resulting in catastrophic injuries and, ultimately, her death after she sustained agonizing conscious pain and suffering,” the suit said.
The suit maintained worn tires were placed on the rear axles of Courtney’s vehicle, while-brand-new tires were placed on the front axles, which went against safe operation for a vehicle and proper mechanical procedure.
For counts of strict liability and negligence against GM, negligence against the Mongell defendants, negligence against Nicholson, plus wrongful death and survival against all defendants, the plaintiff is seeking judgment, jointly and severally, for compensatory damages, punitive damages, wrongful death damages and survival damages in excess of $50,000, such other relief as the Court deems just, and for a trial by jury on all issues.
The plaintiff was represented by Daniel J. Sherry Jr. of Eisenberg Rothweiler Eisenberg & Jeck, in Philadelphia.
Philadelphia County Court of Common Pleas case 170802484
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com