Main Menu
Call Us Today 866-967-8935 610-228-4582
Practice Areas

Philadelphia judge denies construction company's objections

In October 2013, a geologist was working in Chester County, Pennsylvania. He was overseeing tank remediation and was injured when a backhoe allegedly hit him. The impact knocked him to a 12-foot deep excavation hole.

The man allegedly suffered a wide range of injuries, including a fractured sphenoid bone and fractured skull, a concussion, a sub-arachnoid hemorrhage. He suffered from pain in his neck and left shoulder, headaches and nervous system shock.

The man has filed a lawsuit alleging that the defendant GJA Construction, Inc., didn't keep a proper lookout, didn't set up barricades to keep people out of the area the backhoe was working in and other charges.

The defendant's attorney filed a preliminary objection in the case, arguing that the man did not sign the complaint and that there is no party in Philadelphia County. In addition, the defendant's attorney also claimed that since the accident happened in Chester County, there was no connection to Philadelphia County. The defense wanted the case transferred to the Montgomery or Chester Court of Common Pleas.

Those objections were denied, although there was no reason given for the denial.

Workplace accidents can be complex and the workers' compensation system usually handles claims from such accidents. Third-party claims are usually only brought when there is an egregious action by a third-party.

An experienced workers' compensation attorney can help you appeal a claim denial and can provide information on whether you have a third-party claim against a contractor, individual or business. Understanding how these cases proceed can help you determine what options you have.

Source: The Pennsylvania Record, "Construction company's objections denied in Philadelphia court," Nicholas Malfitano, March 25, 2016

No Comments

Leave a comment
Comment Information

Handicapped Accessible

Secure Payment Form

Fax: 610-970-1595 Please send all correspondence to Pottstown address

Pottstown Office
800 East High Street
P.O. Box 444
Pottstown, PA 19464

Toll Free: 866-967-8935
Phone: 610-228-4582
Pottstown Law Office Map

West Chester Office
13 W. Miner Street
West Chester, PA 19382

Toll Free: 866-967-8935
Phone: 610-228-4582
West Chester Law Office Map

Reading Office
606 Court Street., Suite 203
Reading, PA 19601

Toll Free: 866-967-8935
Phone: 610-228-4582
Reading Law Office Map