MEDIA – A Delaware County fuel company claims that negligence on the part of a towing operation based in Bristol, led to its fuel truck tipping over and sustaining a variety of commercial damages.
Brandywine Fuel, Inc. of Glen Mills filed suit in the Delaware County Court of Common Pleas on Feb. 8 versus Rob’s Towing & Hauling, Inc. (doing business as “Rob’s Automotive Collision Center”) of Bristol, plus John Does 1-2 and XYZ Corporations 1-2.
The suit explains the defendants owned, maintained, operated, controlled and possessed the tow truck vehicle/equipment used to tow plaintiff’s 2004 International truck and 1992 Tech Weld, 2800 gallon tank on March 13, 2019, and an employee of Rob’s Automotive Collision Center was towing the plaintiff’s truck.
“On or about March 13, 2019, defendants, and each of them, were requested and did agree and did, in fact, undertake, to tow the plaintiff’s truck from 16 Crozerville Road, Aston, PA, rear-yard, and due to the negligence and carelessness of the defendants, and each of them, the plaintiff’s truck was caused to tip over resulting in damages to plaintiff,” the suit says.
“Defendants, and each of them, knew or should have known of the existence of the above described dangerous condition and improper towing prior to the incident. At all times material hereto, the damages sustained by the plaintiff were caused as the direct result of the negligence and carelessness of the defendants, and each of them, and were due in no manner whatsoever to any act or failure to act on the part of the plaintiff.”
Among many allegations, the plaintiff claims that the defendants failed to give the plaintiff proper and due notice of the said defective and dangerous condition existing at the aforesaid location, failed to give proper warnings to plaintiff, failed to give plaintiff proper and adequate protection to plaintiff’s vehicle, failed to use due care under the circumstances then known, or which should have been known, to the defendants.
“Solely by reason of the carelessness and negligence of the defendants, and each of them, plaintiff sustained damages, including, but not limited to, loss of business, loss of income, loss of business growth, loss of orders, loss of deliveries, loss of employee pay, cost to clean up damages caused by the truck tipping over and loss of oil,” per the suit.
“By reason of the negligence and carelessness of the defendants, and each of them, acting as aforesaid, plaintiff has been caused to suffer property damage to the plaintiff’s truck and depreciation thereof and has been caused to incur the cost of a rental and/or a replacement vehicle.”
For a count of negligence, the plaintiff is seeking damages in excess of $50,000 from each defendant.
The plaintiff is represented by Jeffrey D. Schaffer of Saffren & Weinberg, in Jenkintown.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2021-001487
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com