Woman says she fell getting into disabled persons vehicle, lost her toes as a result

By Nicholas Malfitano | Oct 12, 2018

PHILADELPHIA – New litigation filed in state court centers on a Philadelphia woman who allegedly violently fell when entering a disabled persons transport vehicle, was injured and subsequently had to have more than one of her toes amputated.

Angela Minnick of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on July 6 versus Logisticare Solutions, LLC (doing business as “Logisticare”), Germantown Cab Company and Johnnie Hymes Jr., also all of Philadelphia.

“On Jan. 23, 2017, plaintiff, was a passenger in a vehicle owned/operated by defendant Logisticare and/or Germantown Cab, and was being transported from her home to a medical appointment. Defendant Logisticare operates a special transportation service designed with the business purpose of assisting, and transporting disabled persons and/or individuals in need of special assistance, safely to and from their homes as needed,” the suit states.

“On Jan. 23, 2017, Ms. Minnick was entering the Logisticare and/or Germantown Cab vehicle without the help/assistance of Logisticare and/or Germantown Cab personnel and fell violently on landing under said vehicle. At all relevant times, the aforesaid cab, a 2008 Ford Crown Victoria, with VIN FAHP71V57X104570 and Vehicle Tag No. TX-43543, was operated by defendant Johnnie Hymes, Jr. Defendant Hymes, said agent of Logisticare and/or Germantown Cab, failed to comply with or execute the trip instructions and/or notes regarding the services to be rendered to plaintiff and the assistance she was to be afforded.”

According to the litigation, the defendants failed to make sure the plaintiff was able to enter defendant’s said vehicle, failed to adequately secure plaintiff and failed to adequately memorialize the appropriate level of care and assistance plaintiff required based on her condition, requests, and prior levels of assistance warranted, in addition to other allegations.

As a result, the plaintiff suffered a number of injuries, including amputation of her toes, she says.

Per an answer filed by defendants Germantown Cab Company and Hymes on Sept. 5, they argued the complaint failed to join indispensable parties, was barred by the doctrines of res judicata, collateral estoppel, laches, waiver and estoppel, assumption of risk, sudden emergency doctrine, defense of unavoidable accident and a number of other statutory remedies, including the applicable statutes of limitations, Pennsylvania’s Comparative Negligence Act and Motor Vehicle Financial Responsibility Law.

For counts of negligence and personal injury, the plaintiff is seeking damages, individually, jointly and severally, in excess of $50,000, plus interest, costs and other relief the Court may deem appropriate.

The plaintiff is represented by Jason E. Fine of J. Fine Law Group in Philadelphia.

The defendants are represented by Kevin T. Kavanagh and Brian F. Breen of Wilson Elser Moskowitz Edelman & Dicker, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180700688

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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