MEDIA – A trio of defendants may face the possibility of a default judgment entered against them for failure to respond to a Springfield woman’s lawsuit, one which alleged a negligent backhoe operator struck her with a Port-O-Potty while it was being moved on the street where she lived.
Odette Locher of Springfield first filed suit in the Delaware County Court of Common Pleas on Oct. 17 versus Delmont Utilities, Inc. of Newtown Square, Essential Utilities, Inc. of Bryn Mawr, Austin Parke of Coatesville and both Jeffrey R. Parke and Jeffrey R. Parke Company, Inc., both of Downingtown.
“On or about July 19, 2022, Ms. Locher was on her daily walk in the 400 block on Maplewood Road, a residential street on which she lives. Plaintiff was walking on Maplewood Road when Austin Parke, an agent and/or employee of defendants, performing duties required by defendants, was pushing a Port-O-Potty down the roadway,” the suit stated.
“Austin Parke used an industrial backhoe to push the Port-O-Potty without a clear line of sight in front of him, as the Port-O-Potty itself obscured and blocked his vision in the direction that he was traveling, resulted in Ms. Locher being struck by the Port-O-Potty and thrown to the ground, after he admitted having her within his sight of vision within the immediate area of his backhoe.”
The suit continued that the defendants are “responsible for the negligent and careless acts and omissions individually and/or of their employees, agents, representatives, and//or licensees, including, but not limited to, those of Austin Parke himself in failing to notice Ms. Locher while moving a Port-O-Potty, despite previously seeing her walking in the immediate area, while working in a residential neighborhood, causing the collision and at such time no named defendant or third-party provided an individual to spot and observe the movement of the subject Port-O-Potty.”
“The failure to take reasonable care to ensure the safety of pedestrians in the residential community resulted in Ms. Locher’s injuries, subsequent damages as the defendants’ actions in moving the Port-O-Potty under such conditions in a populated area are contrary to industry standards. The dangerous condition created by the defendants created a reasonably-foreseeable risk for the exact type of injury that was suffered by the plaintiff and no defendant reported such incident to OSHA, nor were drug and/or alcohol tests administered after the accident. Upon information and belief, defendants are responsible for the care and maintenance of the subject area, and were involved in the performing, ordering, decision-making, and/or overseeing of all such activities at or on the area. At all times material hereto, defendants had a duty to inspect, maintain, repair, discover, eliminate and/or avoid dangerous and hazardous conditions upon the subject area and while performing their work,” the suit said.
“At all times material hereto, defendants owed plaintiff and other persons similarly situated, a duty to ensure that the subject area was reasonably safe; and/or to properly perform the aforementioned maintenance and work duties in a safe and competent manner to make the area safe and to avoid injuries resulting from dangerous conditions created thereon. Defendants breathed their legal duty and/or obligation to plaintiff by failing to maintain a safe and secure property and failing to assure the safety and/or well-being of any and all invitees and/or individuals lawfully in the area. The aforementioned dangerous condition created by the defendants was not corrected and/or eliminated and/or avoided prior to the incident on or about July 19, 2022, which is the subject of this present complaint.”
UPDATE
Though counsel had entered appearances for defendants Delmont Utilities, Inc. and Essential Utilities, Inc., no filing of such representation was made for defendants Austin Parke, Jeffrey R. Parke and Jeffrey R. Parke Company, Inc.
This led the plaintiff’s counsel to file a notice of intent to seek default judgment against the Parke defendants on Nov. 30.
“You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within 10 days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights,” the notice stated.
For counts of negligence, negligent entrustment and vicarious liability/respondeat superior, the plaintiff is seeking damages in excess of $50,000, together with interest, costs, reasonable attorney’s fees and any other amounts as this Court deems appropriate.
The plaintiff is represented by Thomas A. Musi Jr. of Musi Merkins Daubenberger & Clark, in Media.
Defendants Delmont Utilities, Inc. and Essential Utilities, Inc. are represented by William E. Remphrey Jr. of Margolis Edelstein and Judith H. Ring of Marshall Dennehey, respectively, both in Philadelphia.
Delaware County Court of Common Pleas case CV-2023-008814
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com