SCRANTON – A Walmart employee has apparently settled claims over right ankle, knee and calf injuries he suffered when he fell on the job, allegedly due to the negligent actions of a tractor-trailer driver.
Wayne Swartz and Tracy Swartz of Plymouth initially filed suit in the Luzerne County Court of Common Pleas on Aug. 19 versus Swift Transportation Co., Inc., of Phoenix, Ariz.
(The action was removed to the U.S. District Court for the Middle District of Pennsylvania on Sept. 10.)
“On May 9, 2019, the plaintiff, Wayne Swartz, while in the course and scope of his employment with Walmart, was working in the truck delivery area behind Walmart Supercenter No. 1623, specifically in the unloading area. At approximately 3 p.m. on that date, the defendant Swift Transportation’s driver, John Doe, drove his tractor trailer into the truck unloading area too fast, and hit a dumpster causing trash to be strewn around,” the suit stated.
“John Doe exited the tractor trailer owned by defendant, Swift Transportation, and began to pick up the trash that had been strewn around because he caused his tractor-trailer to strike the dumpster. The plaintiff, Wayne Swartz and a co-worker assisted John Doe with picking up the trash. Swartz, was using a hose to clean up the area where the trash had spilled. Swift Transportation’s driver, Doe, had cut his hand while picking up the trash and asked the plaintiff Swartz, if he could use the hose to rinse his hand.”
At that same time, Doe abruptly grabbed the hose from Swartz’s hand and yanked on it to pull it closer to him, which caused the plaintiff Swartz, to fall and twist his leg as he stepped away from John Doe, so as not to get blood on himself.
After subsequent medical treatment, it was learned that Swartz had suffered right ankle inversion sprain, right knee injury and right calf injury.
UPDATE
Swift Transportation Co., Inc. filed an answer to the complaint on Sept. 16, denying the plaintiffs’ allegations and asserting several affirmative defenses. Among these being:
• Plaintiffs’ claims may be barred or limited by the Pennsylvania Motor Vehicle Financial Responsibility law;
• No act or omission on the part of Answering Defendant caused or contributed to Plaintiffs’ alleged injuries and harm;
• No act or omission on the part of any employee of Defendant, Swift Transportation Co., Inc. caused or contributed to Plaintiff’s alleged injuries and harm;
• Plaintiff may be responsible for his own alleged injuries and damages;
• Plaintiff may have failed to mitigate his alleged injuries and damages;
• Plaintiff’s alleged condition may be the result of intervening or pre-existing factors and conditions;
• Plaintiffs’ claims may be barred or limited by the doctrines of res judicata and/or collateral estoppel;
• Plaintiffs’ claims may be barred or limited by the statute of limitations.
However, U.S. District Court for the Middle District of Pennsylvania Judge Jennifer P. Wilson explained all deadlines in the case were stayed, as the parties involved have agreed to resolve the case by settlement. Terms of said settlement were not disclosed.
“All deadlines in this action are stayed. The Clerk of Court is ordered to mark this matter closed for administrative purposes only. The parties shall file an appropriate stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a), which specifies whether the dismissal will be with or without prejudice,” Wilson said.
“Either party may file a notice to reinstate this action if the settlement is not consummated within 60 days of this order, provided that such notice is filed no later than March 5, 2021, and if the parties fail to timely file a stipulation of dismissal or notice to reinstate this action within the 60 days, this order shall operate as a voluntary dismissal with prejudice, based on the parties’ aforementioned notice of settlement.”
Prior to settlement and for counts of vicarious negligence and loss of consortium, the plaintiffs are seeking damages in excess of $50,000, exclusive of interest and costs of suit, in addition to reasonable counsel fees and costs of suit and exemplary and punitive damages, and a trial by jury.
The plaintiffs were represented by Kelly M. Ciravolo and Patrick J. Doyle Jr. of Anzalone Law Offices, in Wilkes-Barre.
The defendant was represented by Jeffrey T. McGuire and Stephen E. Geduldig of Pion Nerone Girman Winslow & Smith, in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania case 3:20-cv-01638
Luzerne County Court of Common Pleas case 202007464
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com