June 7, 2017, Chester County, Pennsylvania – – The law firm of Baum, Hedlund, Aristei & Goldman has filed a lawsuit on behalf of Shannon Webb, the mother of two young children who sustained severe and permanent injuries in a January 2016 truck crash in London Township, Pennsylvania.
Truck accident attorneys Ilyas Akbari, Ronald L. M. Goldman, Cara J. Luther and Diane Marger Moore filed the lawsuit (case no. 2017-05816-TT) today on behalf of the Webb family in the Court of Common Pleas, Chester County, Pennsylvania. The personal injury lawsuit seeks punitive damages and accuses the following defendants of negligence:
- Reynier Gonzalez Nunez of Homestead, Florida
- Emilio Gonzalez of Miami Lakes, Florida
- Argelory Transport Inc., a Miami, Florida company
- Kiril W. Icov of Willowbrook, Illinois
At the time of the accident, Reynier Gonzalez Nunez was driving a 2009 Kenworth tractor as an agent/employee of Argelory Transport Inc., a transportation company owned by Emilio Gonzalez. Kiril Icov owned the utility trailer that was attached to the truck driven by Reynier Nunez.
On January 2, 2016 at around 3:57 p.m., Nunez was operating the tractor trailer traveling southbound on State Highway Route 1 South towards Route 841 in London Grove Township, Chester County, Pennsylvania.
According to the complaint, Nunez pulled the combination tractor trailer over toward the right shoulder of State Highway Route 1 without warning and negligently stopped in such a way that the vehicle partially blocked the right lane of the highway.
Once Nunez stopped the vehicle, he allegedly failed to take any reasonable action, such as placing reflective triangles, flares or other warning/safety identifiers to warn oncoming traffic that his vehicle was partially blocking the right lane. “There is no excuse or cause for Nunez to have failed to place warning signals behind his vehicle,” the complaint states.
The lawsuit alleges that approximately six minutes later Thomas R. Webb, while lawfully operating a 2006 Toyota Sienna carrying his two properly seat-belted and secured minor sons, struck the left rear of Nunez’ illegally and dangerously stopped vehicle. Upon impacting Mr. Gonzalez Nunez’ vehicle, Mr. Webb’s van continued to travel along the highway to the left of Nunez’ truck, while rotating in a clockwise direction. Mr. Webb’s vehicle traveled approximately 102 feet past the point of impact before coming to a final stop in the passing lane of State Highway Route 1, facing west.
As a result of the collision, the two minor passengers suffered severe and permanent injuries from which they continue to suffer, according to the complaint. One of the minor passengers, a three-year-old child, was ejected from the Toyota Sienna at some point after impact and was on the ground to the rear of the vehicle.
In the wake of the accident, Nunez was cited by law enforcement officials for unlawfully stopping, standing and parking in violation of traffic laws.
The damages sustained by the Webb’s two sons were a direct and proximate result of Nunez’ willful and reckless negligence while working in his capacity as an agent/employee of Argelory Transport, per the allegations. The lawsuit further accuses Argelory, Gonzalez, Icov and Nunez of failing to properly maintain the subject tractor and trailer in a safe and operable condition.
The plaintiffs have requested punitive damages, alleging that the conduct of the defendants was willful, wanton, reckless and intentional, in an amount determined by a jury.
“This tragic accident could have been prevented had Mr. Nunez pulled his vehicle completely to the shoulder or placed cones along the side of his tractor-trailer to warn oncoming traffic that he was partially blocking the right lane,” says Ilyas Akbari, attorney for the Webb family. “By failing to respond to this situation in a responsible manner, the driver, in my opinion, showed callous disregard for the safety and well-being of other motorists.”
About Baum Hedlund
The law firm of Baum, Hedlund, Aristei & Goldman is representing the Webb children in this Pennsylvania truck accident lawsuit. Internationally recognized for its dedication to clients and success in transportation accident litigation, Baum Hedlund has successfully recovered over $1.5 billion in personal injury and wrongful death cases.
The firm has litigated against some of the world’s largest trucking and transportation companies, including C.R. England, J.B. Hunt, Ryder Truck Rental, Schneider National, Swift and Werner Enterprises, among many others.