In a recent court filing, Robert Whitehouse and Christina Whitehouse have lodged a negligence complaint against PECO Energy Company, Exelon Corporation, and Exelon Business Services Company, LLC. The lawsuit was filed on May 20, 2024, in the Court of Common Pleas of Delaware County, Pennsylvania.
The plaintiffs allege that on May 21, 2022, Robert Whitehouse was driving his 2003 Toyota Tundra along Kirk Lane near Diemer Drive when a dead tree suddenly fell onto the roadway and his vehicle. This incident resulted in severe injuries to Mr. Whitehouse and significant damage to his car. According to the complaint, police officers who responded to the scene noted that "the tree may be in poor condition based on the dark brown color of the tree."
The lawsuit asserts that PECO Energy Company was responsible for inspecting and maintaining trees along easements and rights-of-way in Upper Providence Township. The plaintiffs claim that PECO failed to perform timely inspections and maintenance on the dead tree that ultimately caused the accident. The complaint states that "Defendant PECO knew or should have known that the Dead Tree along Kirk Lane... posed a high risk of bodily injury and/or death to motorists."
The plaintiffs further argue that despite having ample time and resources to address this known safety hazard, PECO neglected its duty. As a result of this alleged negligence, Mr. Whitehouse sustained serious injuries including a brain injury. He now suffers from ongoing pain, mental anguish, depression, disability, disfigurement, and loss of life's pleasures.
Additionally, Christina Whitehouse claims loss of consortium due to her husband's injuries. She alleges that she has been deprived of her husband's assistance, aid, society, and companionship as a direct result of the defendants' negligence.
The plaintiffs are seeking damages exceeding arbitration limits for medical expenses (both past and future), lost earnings and earning capacity (both past and future), pain and suffering (both past and future), embarrassment and humiliation, disfigurement, loss of enjoyment of life’s pleasures (both past and future), lost consortium for Christina Whitehouse, as well as other related damages.
Representing the plaintiffs are attorneys Joseph L. Messa Jr., Angelo M. Theodosopoulos, and Colby T. Ciarrocca from Messa & Associates P.C., based in Philadelphia. The case is being overseen by judges from the Court of Common Pleas in Delaware County under Case ID NO.: [Case ID not provided].