PITTSBURGH – Through mutual agreement of all parties concerned, damages in the case of a deliveryman struck by a driver on her cell phone have been capped at $75,000, thereby preventing the case’s removal to federal court.
Dammeon Campbell of Monroeville first filed suit in the Allegheny County Court of Common Pleas on Dec. 1 versus Plymouth Rock Insurance, of Woodbridge, N.J.
“On May 9, 2019, Campbell, an employee of Mjolnir Tracking/XPO Logistics was operating a box truck owned by Mjolnir Tracking/XPO Logistics. At approximately 12:30 p.m., Campbell was making a delivery in the 5700 block of Center Avenue in Pittsburgh. Campbell had parked the box truck on the North side of the street facing westward, with the truck half off the road and half onto the curb. Campbell was out of the truck, and was walking next to the truck as a pedestrian, when he was struck by a vehicle operated by Aleshia Hill,” the suit said.
“At that time, Hill was traveling westward in the 5700 block of Center Avenue. Hill was talking on her cell phone and attempted to drive around Campbell’s truck and Campbell when she struck Campbell with her vehicle. More specifically, Aleshia Hill drove her vehicle over Campbell’s left foot and struck his left arm/elbow with her vehicle’s passenger side mirror.”
As a result of the motor vehicle collision, Campbell suffered the following injuries, some or all of which are serious and permanent in nature: Left foot pain; Left ankle pain; Left elbow pain; Left elbow contusion; Left foot contusion; Left foot sprain; Multiple traumas to the body; and emotional distress as a result of his injuries.
At the time of his injuries, Campbell was insured under the automobile policy issued by Plymouth Rock Insurance.
Due to the motor vehicle collision, Campbell made a claim for damages for his personal injuries against the at fault driver, Hill. Hill was insured under a $20,000 policy issued by USAA Casualty Insurance.
With Plymouth Rock Insurance’s consent, the claim against Hill was settled, within the policy limits of the tortfeasor. As a result, the limits of the USAA Casualty Insurance Policy were inadequate to fully compensate Campbell.
Campbell complied with all material aspects of the insurance policy with Plymouth Rock Insurance in providing documentation of his injuries, as well as the cause of the collision, and Plymouth Rock Insurance began examining the claim.
Despite Campbell complying with all material aspects of the Plymouth Rock Insurance vehicle insurance policy, in providing documentation of his injuries and showing the cause of the collision, Plymouth Rock Insurance refuses to pay any Underinsured Motorists benefits to Campbell.
“Campbell is due Underinsured Motorists benefits under the Plymouth Rock Assurance policy. Plymouth Rock Insurance has refused to pay benefits citing a policy exclusion, that Underinsured Motorist benefits are not payable to an individual eligible for workers’ compensation benefits,” per the suit.
“The exclusion cited by Plymouth Rock Insurance has been void against public policy by virtue of a ruling by the Pennsylvania Supreme Court since 2011, as found in the case of Heller v. Pennsylvania League of Cities and Municipalities. By reason and nature of the policy, Plymouth Rock Insurance is charged with a duty of good faith and fair dealing with respect to the handling and payment and/or non-payment of underinsured motorist benefits to Dammeon Campbell.”
UPDATE
On Jan. 8, counsel for both parties mutually agreed to cap damages in the case and therefore keep it in the trial court, as opposed to removing it to federal court.
“Plaintiff’s recovery in this case, inclusive of all counts of the complaint, shall not exceed the sum of $75,000 inclusive of interest, costs and attorney’s fees and any award, verdict or judgment entered in this matter shall be molded accordingly. Plymouth Rock will not file a notice of removal transferring this matter to the United States District Court for the Western District of Pennsylvania,” the stipulation read.
For counts of breach of contract and bad faith, the plaintiff is seeking damages in excess of the jurisdiction of the compulsory board of arbitrators of this court, plus interests, costs and a trial by jury.
The plaintiff is represented by Timothy Conboy of Conboy Law, in Pittsburgh.
The defendant is represented by Michael A. Weiner and Katherine C. Douglas of Bennett Bricklin & Saltzburg, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-012172
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com