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Insurance Provider Alleges Negligence Against Construction Firm Over Equipment Damage

PENNSYLVANIA RECORD

Saturday, November 23, 2024

Insurance Provider Alleges Negligence Against Construction Firm Over Equipment Damage

State Court
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Linda A. Cartisano, President Judge at Delaware County Court of Common Pleas | https://delcopa.gov/courts/judges/photos/cartisano.jpg

Federated Mutual Insurance Company has taken legal action against a construction firm and its employee following a costly mishap involving heavy machinery. On April 24, 2023, Federated Mutual Insurance Company filed a complaint in the Delaware County Court of Common Pleas against Turnkey Landscape Construction, LLC, and Jeffrey Chicklowski. The lawsuit stems from an incident that occurred on March 31, 2023, where Chicklowski allegedly mishandled a Skid Steer Loader at a job site in Villanova, Pennsylvania.

According to the complaint filed by attorney Douglas G. Aaron of Aaron & Prince law firm, Federated Mutual Insurance Company claims that the defendants were subcontractors for Schumacher & Associates at the time of the incident. The insurance company alleges that Chicklowski's negligent operation of the Skid Steer resulted in significant damage to the equipment, amounting to $19,860.94. The plaintiff asserts that this loss was due solely to the negligence and carelessness of Turnkey Landscape Construction and Chicklowski.

The complaint outlines several accusations against the defendants: failing to operate the Skid Steer safely and prudently, not using it as intended, causing damage through improper handling, failing to maintain control and speed appropriate for conditions, neglecting brake application, and entrusting the vehicle to someone deemed incompetent for its operation. Federated Mutual is seeking reimbursement for the damages paid under their insurance contract with Schumacher & Associates.

In addition to recovering $19,860.94 in damages from both defendants jointly and severally, Federated Mutual Insurance Company is also pursuing interest and costs associated with this case. The lawsuit highlights issues of responsibility and competence in operating heavy machinery on job sites.

Representing Federated Mutual Insurance Company is Douglas G. Aaron from Aaron & Prince law firm based in Philadelphia. The case has been filed under Case ID NO., presided over by judges at Delaware County Court of Common Pleas.

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