Truck driver alleges maimed leg was landfill's fault; Defendant says case belongs in Lackawanna County

By Nicholas Malfitano | Apr 3, 2019


PHILADELPHIA – A Lackawanna County man says his left leg was sliced and became infected after he was tipped from the truck he was driving and it came into contact with spilled debris from the truck, while the landfill says the resulting lawsuit does not belong in a Philadelphia court.

Mark Boos of Olyphant filed suit in the Philadelphia County Court of Common Pleas on Nov. 29 versus Keystone Landfill, Inc. and Keystone Sanitary Landfill, Inc., of Dunmore.

According to the lawsuit, Boos, a waste hauler for J.P. Mascaro & Sons, a waste management company based in Bridgeport, was operating on a tractor-trailer to carry waste to the Keystone Landfill on March 21, 2017. While there, Boos explains he was directed to a landfill trailer tipper, in order to unload his waste cargo.

“After plaintiff parked his tractor-trailer at the tipper and was attempting to exit his tractor to disengage it from the trailer, the operator of the tipper suddenly and without warning engaged the tipper, causing plaintiff’s entire tractor and trailer to be lifted and causing plaintiff to fall from his truck, striking debris which had been permitted to collect on the ground and causing plaintiff to sustain serious and permanent injuries,” the suit states.

Among Boos’ alleged physical injuries were a laceration of his left leg resulting in infection, severe angioedema, rheumatoid arthritis and unpredictable swelling of his legs, feet, wrists, hands, tongue, mouth and other body parts, as well as blisters, rashes, pain and discomfort, in addition to other psychological, psychiatric, orthopedic and neurological injuries.

In new matter filed Jan. 9, the defendants denied the plaintiffs’ allegations and argued they do no business in Philadelphia County – rather, that the plaintiff resides in Lackawanna County, the subject incident took place there and the plaintiff received all his medical treatment there, and therefore, the matter should be transferred to a Lackawanna County court.

The plaintiffs responded to the new matter on Jan. 14, denying the defendants’ new matter purely as conclusions of law.

For negligence, the plaintiff is seeking compensatory and delay damages in excess of $50,000, jointly and severally, plus interest, allowable costs of suit, post-judgment interest and a trial by jury.

The plaintiff is represented by Larry E. Bendesky, Adam J. Pantano and J.P. Veloski of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.

The defendants are represented by John J. Hatzell Jr. of Haddix & Associates, also in Philadelphia.

Philadelphia County Court of Common Pleas case 181103238

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

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Philadelphia County Court of Common Pleas Saltz Mongeluzzi Barrett & Bendesky

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