ATV user who wrecked sues private roadway controllers for negligence

By Philip Gonzales | Sep 14, 2018

WILLIAMSPORT — An ATV user is suing Repsol Oil and Gas USA, Talisman Energy USA Inc., and J.L. Watts Excavating Inc., private roadway controllers, citing alleged negligence.

Daniel Batista filed a complaint on Aug. 31, in the U.S. District Court for the Middle District of Pennsylvania, alleging that the defendants failed to inspect and maintain their property in a safe condition.

The plaintiff alleges that on Sept. 2, 2016, he was operating an ATV along the private roadway owned by defendants Repsol and/or Talisman when the ATV wheels left the roadway, causing him to be thrown from his ATV into the deep, rock-filled drainage culvert. 

He allegedly sustained serious injuries, including skull and spinal fractures and a collapsed lung. The plaintiff holds Repsol Oil and Gas USA, Talisman Energy USA, and J.L. Watts Excavating responsible, because the defendants allegedly failed to clear the area of overgrown foliage and failed to place warnings and/or barricades to prevent individuals from encountering the culvert.

The plaintiff requests a trial by jury and seeks damages in excess of $75,000, exclusive of interest and costs, and such other appropriate relief. 

He is represented by Joseph F. Kulesa of Fisher & Fisher Law Offices LLC in Mount Pocono.

U.S. District Court for the Middle District of Pennsylvania Case number 4:18-cv-01732-MWB

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Fisher & Fisher Law Offices LLC U.S. District Court for the Middle District of Pennsylvania

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