Trucking Company Remains in Federal Litigation

October 9, 2018

A trucking company and its founder will remain in federal litigation claiming it is responsible for the alleged reckless conduct of one of its drivers who caused an accident.

The lawsuit stems from a 2015 accident in which the plaintiffs were injured when driver Roman Best rear-ended the car driven by Joanne McMahon. The defendants sought to dismiss counts two and three of the complaint, dealing with negligence and punitive damages, for being outside the statute of limitations.

U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied a motion filed by defendant Arsenberger Trucking, its founder Robert Arsenberger, and the driver seeking to dismiss two counts of plaintiffs Arthur and Joanne McMahon’s complaint.

W. Steven Berman of Napoli Shkolnik in New York City represents the plaintiffs.

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