Counsel for driver who allegedly struck Philly pedestrian says complaint should be barred

By Nicholas Malfitano | Nov 7, 2018


PHILADELPHIA – A lawsuit from a Philadelphia pedestrian struck by a passing car while walking in a crosswalk near Washington Square, has been deemed barred by counsel representing the driver said to have injured her.

Marie McCabe of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Aug. 10 versus Nina Spear, also of Philadelphia.

McCabe alleges she was walking through the crosswalk at the intersection of 6th Street and South Washington Square in Philadelphia, when Spear’s vehicle, traveling southbound, struck her before she could safely traverse the street. The collision caused her to sustain severe, personal and bodily injuries, according to the lawsuit, plus pain, suffering and agony.

McCabe argues Spear operated her vehicle in a careless manner, at an unreasonable and excessive rate of speed, failed to operate the vehicle with due regard for the rights, safety and position of the plaintiff and failed to observe and follow traffic signals, among other charges.

In new matter filed on Sept. 28, Spear’s attorney said McCabe’s claims were barred by the Pennsylvania Motor Vehicle Financial Responsibility Law, and by, among others, the affirmative defenses of assumption of the risk, contributory/comparative negligence, fraud, payment release, res judicata, statute of limitations and immunity from suit.

Through a response to the new matter filed on Oct. 4, the plaintiff denied it entirely and requested it be stricken from the record.

For counts of negligence and negligent entrustment, the plaintiff is seeking damages in excess of $50,000, plus costs.

The plaintiff is represented by Adrienne Chapman and Norman W. Briggs of Briggs Law Office, in Philadelphia.

The defendant is represented by Warren D. Holland of Goldberg Miller & Rubin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180800578

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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