MEDIA – A Delaware County doctor insists that he was not properly served with negligence litigation surrounding a road rage-influenced motor vehicle accident in Upper Chichester Township, which resulted in one woman’s death.
Lawrence G. Weathers III of Media first filed suit in the Delaware County Court of Common Pleas on Jan. 28 versus David Strowhouer of Waynesburg and Dr. William J. Strowhouer Jr. of Newtown Square.
“At about 9:15 p.m. on Feb. 16, 2019, plaintiff Weathers was traveling southbound on State Route 452 near the Meetinghouse Road intersection. At the same place and time, defendant David Strowhouer was operating a vehicle owned by defendant William J. Strowhouer. Plaintiff heard defendant David Strowhouer loudly revving the engine of the large lifted Dodge Ram 2500 and blowing his horn. Plaintiff Weathers felt intimidated by this behavior,” the suit said.
“Plaintiff Weathers then observed defendant David Strowhouer repeatedly leaving the southbound lane, crossing over the double yellow line into the northbound lane, and then returning to the southbound lane in a presumed attempt to get around or pass plaintiff Weathers, who was lawfully traveling upon the road.”
Weathers said Strowhouer began tailgating him and driving aggressively toward him, including pulling into the opposite lane at approximately 70 miles per hour, putting the plaintiff in fear for his life.
At the same time, Weathers noticed an oncoming vehicle was proceeding toward he and the defendant in the opposite, northbound lane on State Route 452. That vehicle was driven by Christine Eckman, and it was struck by Strowhouer’s truck head-on.
“In addition to the loud crash of the two vehicles colliding, plaintiff Weathers was so close that he also heard Eckman and his passenger, decedent Deana Marie Eckman, scream and/or cry out for their lives from inside the destroyed vehicle,” according to the lawsuit.
“After the collision, defendant Strowhouer immediately attempted to flee the scene in his vehicle, but was unable to do so due to the disabling damage to his truck. Plaintiff Weathers was scared to death that, because of his behaviors, defendant Strowhouer would exit the truck and attack plaintiff Weathers. Defendant Strowhouer then exited the vehicle and fled on foot.”
At this point, Weathers said he returned to the Eckmans’ destroyed vehicle.
“Plaintiff Weathers observed Christine Eckman, who was completely distraught, holding the decedent. Weathers prayed with the decedent and watched as she passed away. Weathers stayed with the decedent’s body for three hours until it was removed from the scene, so that she was not alone on the side of the road. As a result of this horrific incident, plaintiff Weathers sustained severe and permanent mental and emotional injuries,” the suit stated.
UPDATE
In preliminary objections filed on Sept. 17, counsel for William J. Strowhouer argued that the statute of limitations for the plaintiff’s alleged personal injuries as a result of the Feb. 16, 2019 accident expired on Feb. 16 of this year, and that he wasn’t properly served with the complaint.
“Pennsylvania law ‘requires plaintiff to act diligently in serving original process on defendant so as not to undermine the policies that animate the statute of limitations.’ As it relates to this requirement the record evidence in this case reflects that before the statute of limitations ran, plaintiff filed only the complaint,” the objections stated.
“The court docket in this case reflects that plaintiff has done nothing else on this case from the date of filing the complaint, Jan. 28, 2021, and paying the filing fee on Jan. 29, 2021, up until the filing of this preliminary objection. To date, plaintiff’s complaint has not been served upon defendant William J. Strowhouer Jr., D.O. Plaintiff has failed to make any effort to serve the defendant and has failed to attempt to praecipe for reinstatement of the complaint pursuant to the rules of civil procedure. Thus, plaintiff has utterly failed to carry his burden of making any effort, never mind a good faith effort, to serve process on the defendant or to comply with the rules of civil procedure. Consequently, and based on well-established Pennsylvania law, this action must be dismissed as against defendant William J Strowhouer Jr., D.O. with prejudice.”
For counts of negligence, negligent entrustment and negligent infliction of emotional distress, the plaintiff is seeking, jointly and severally, damages in excess of $50,000, plus interest, costs, attorneys’ fees and such other relief as the Court may deem appropriate.
The plaintiff is represented by J. Patrick Hickey of Raffaele Puppio, in Media.
Defendant William J. Strowhouer is represented by Joseph B. Mayers of The Mayers Firm, in Plymouth Meeting.
Delaware County Court of Common Pleas case CV-2021-000980
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com