North Philly accident case brought by Texas man against Philly construction company defendants is settled

By Nicholas Malfitano | Apr 23, 2019

PHILADELPHIA – A Texas man has settled his case with a local construction firm and two of its employees, who he claimed were negligent in causing a motor vehicle accident in North Philadelphia that left him with a number of serious injuries.

On June 22, a praecipe to settle from counsel for plaintiff Victor Adeniyi asked the Philadelphia County Court of Common Pleas that his client’s case against DD Fox Construction, LLC and employees Donald Plummer and Michael Porter be marked as “settled, discontinued and ended.” Terms of the settlement were not publicly disclosed.

Adeniyi, of San Antonio, initially filed suit in the Philadelphia County Court of Common Pleas on July 6, 2017 versus the Philadelphia-based defendants.

“On or about July 28, 2015, at or near the intersection of West Diamond Street and Broad Street, Philadelphia, PA, defendants, DD Fox, Plummer and Porter, collectively, so carelessly and negligently operated the aforementioned vehicle so as to cause it to collide with plaintiff’s parked vehicle, causing plaintiff, Victor Adeniyi, the driver of his vehicle at the time of the accident, to sustain the injuries and other losses hereinafter more fully set forth. The aforesaid incident was due solely to the negligence and carelessness of the defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the plaintiff,” the suit stated.

According to Adeniyi, the defendants collectively violated numerous roadway rules and the Pennsylvania Motor Vehicle Financial Responsibility Law.

“As a result of this incident, plaintiff, [Victor] Adeniyi, has suffered injuries which are or may be serious and permanent in nature, including but not limited to: disc injuries, nerve damage, severe head, back, neck, shoulder, arm, and leg injuries, as well as other injuries and ongoing physical rehabilitation as may be diagnosed and/or prescribed by plaintiff's health care providers, all of which have caused plaintiff in the past, and may cause him in the future, great pain and suffering,” the complaint said.

Prior to settlement and for a count of third-party liability, the plaintiff is seeking damages, jointly and severally, not in excess of the Court’s arbitration limits, plus interest and costs in this matter.

The plaintiff was represented by Justin M. Bieber of J. Bieber Law, in Philadelphia.

The defendants were represented by Therese Tallarico Schweikert of Hubshman Flood & Bullock, in Plymouth Meeting.

Philadelphia County Court of Common Pleas case 170700345

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

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