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IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY, PA
CIVIL ACTION — LAW
KEVIN MURPHY
CV-2021-006690
Plaintiff
¥,
STAT MEDICAL TRANSPORT, LLC
Defendant
ORDER
AND NOW, this day of , 2022, upon consideration of
Plaintiff, Kevin Murphy’s Petition to Stay pending resolution of the Uninsured Motorist Action,
IT IS HEREBY ORDERED that said Petition is GRANTED and the above-captioned matter is
hereby STAYED pending the resolution of Plaintiff's Uninsured Motorist action.
LAW OFFICES OF ROBERT F. STRANICK
BY: ROBERT F. STRANICK
1.D. NO 57777
334 W. Front Street
Media, PA 19063
(610) 566-2489
IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY, PA
CIVIL ACTION - LAW
KEVIN MURPHY
CV-2021-006690
Plaintiff
vi.
STAT MEDICAL TRANSPORT, LLC
Defendant
PLAINTIFF’S PETITION FOR STAY
Plaintiff, by and through his undersigned counsel, hereby files the within Petition to Stay
the immediate case currently pending in the Court of Common Pleas of Delaware County
pending the resolution of Plaintiffs Uninsured Motorist action.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
1 The above-captioned matter arises out of an incident which occurred on or about
September 28, 2018. Plaintiff, Kevin Murphy, while exercising due care and caution for his
safety, was waiting in a wheelchair to be transported into an ambulance owned and operated by
Defendant, Stat Medical Transport, LLC. (hereinafter referred to as “Stat Medical”).
2 On the aforesaid date, suddenly and without warning the back lift gate of the Stat
Medical Transport vehicle was lowered by the Stat Medical driver onto Mr. Murphy’s left foot,
thereby causing severe and permanent injuries, the details of which are specifically set forth in
below.
3 The aforesaid accident was caused solely and exclusively by the wrongful and
liability producing conduct of Stat Medical Transport, its agents, servants and employees, as
hereinafter more fully set forth and was to in any manner whatsoever to any act or failure to act
on part of Plaintiff, Kevin Murphy.
4 As a proximate result of the accident described above, Plaintiff, Kevin Murphy
sustained serious, painful, grievous and permanent physical injuries, including injuries to left
foot and toes.
5 On or about September 3, 2020 Plaintiff initiated suit against Defendant, Stat
Medical Transport in the Court of Common Pleas of Philadelphia County. A true and correct
copy of said Complaint is attached hereto marked as Exhibit “A”.
6 Stat Medical Transport challenged the venue of Plaintiff’s action in Philadelphia
County through Preliminary Objections and the matter was ultimately transferred to the Court of
Common Pleas of Delaware County, Docket No. 21-6690.
7 At all times relevant hereto, Stat Medical Transport was insured under a liability
policy issued by the American Country Insurance Company.
8 On or about August 11, 2020, the aforesaid insurance company went into
liquidation and Plaintiff's claim was thereafter assigned to the Pennsylvania Property and
Casualty Insurance Guarantee Association. 40 PS §991.1801 ef seq.
9 Pursuant to 40 PS §991.1817(a), Plaintiff, Kevin Murphy is required to exhaust
all available insurance coverage including any and all Uninsured Motorist Coverage prior to
proceeding against Stat Medical Transport.
10, On or about March 1, 2022 Plaintiff filed his Complaint for Uninsured Motorist
benefits against Defendant State Farm in the Philadelphia Court of Common Pleas. A true and
correct copy of said Complaint is attached hereto marked as Exhibit “B”.
11. On or about March 24, 2022, on the basis that both the actions against Stat
Medical and the action against State Farm arise from the same operative facts, Plaintiff filed
Motion to Consolidate and/or coordinate both cases in the Court of Common Pleas of
Philadelphia County. A true and correct copy of said Motion is attached hereto marked as
Exhibit “C”.
12. Before the Court of Common Pleas of Philadelphia made a ruling on Plaintiff's
Motion to Consolidate and/or coordinate the third party and Uninsured Motorist cases,
Defendant State Farm, despite and full and complete knowledge of both the underlying third
party action and Plaintiffs Motion to Consolidate, filed a Petition to remove the Plaintiff's claim
against State Farm to the United States District Court for the Eastern District of Pennsylvania on
or about April 5, 2022. Plaintiff responded by filing his Motion to Remand back to the
Philadelphia Court of Common Pleas. A true and correct copy of said Motion is attached hereto
as Exhibit “D”.
13, Plaintiff's Uninsured Motorist carrier, State Farm Insurance Company, challenged
Plaintiff's Petition to Remand his Uninsured Motorist action and ultimately, the United States
District Court for the Eastern District of Pennsylvania determined that the Uninsured Motorist
action shall remain in the United States District Court for the Eastern District of Pennsylvania.
A true and correct copy of the Order dated May 11, 2022 is attached hereto as Exhibit “E”.
14. It is respectfully submitted that in order to avoid any undue hardship to Plaintiff,
Kevin Murphy, as well as inconsistent verdicts, that the above-captioned matter should be stayed
pending the resolution of Plaintiff's Uninsured Motorist matter in the United States District
Court for the Eastern District of Pennsylvania.
15. Defendant, Stat Medical, through their counsel, has no objection to the stay of this
matter, pending the resolution of Plaintiff's Uninsured Motorist matter in the United States
District Court for the Eastern District of Pennsylvania.
16. Counsel for Plaintiff has agreed to coordinate with both Defendant, Stat Medical
and State Farm Insurance Company with respect to discovery.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's
Petition to Stay, pending the resolution of Plaintiff's Uninsured Motorist matter.
Respectfully submitted
LAW OFFICES OF ROBERT F, STRANICK
Loy
a
BY: Cen
/ ROBERT FSSTRANICK
DATE: May 26, 2022
EXHIBIT “A”
of
LAW OFFICES OF ROBERT F. STRANICK Filed phd the
BY: ROBERT F. STRANICK Office ‘sbi fecords
1.D. NO 57777 03 pm
334 W. Front Street
Media, PA 19063 ue
(610) 566-2489
IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY, PA
CIVIL ACTION - LAW
KEVIN MURPHY : No.
336 Sunnybrook Road
Springfield, PA 16094
Plaintiff
vi.
STAT MEDICAL TRANSPORT, LLC
740 Burmont Road, Rear
Drexel Hill, PA 19026
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you mus! take action ‘within twenty
(20) days after this complaint and notice are served, by entering a written appearance personally of by attomey and filing In wating with the
court your defenses or objections to the claims sel forth against you. You are wamed that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court withaut further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may fase money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORO TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION AGOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Philadelphia Bar Association
Lawyer Referral and Information Service
‘One Reading Center
Philadelphia, Pennsylvania 19107
Telephone: (215) 238-1701
Ease
dd ARIADDRS
AVISO
Le han demandado a usted en la corte. Si usted quiere defendarse de estas damandas expuestas en las paginas siguientes, usted bene
veinte (20) dias de plazoal partir de fa feche de la demanda y ja notificacion. Hace fatta asentar una comparencia escrila o en persone o
con un abogado y entregar a fa corte en forma escrita gus defensas o sus objeciones a las demandas en contra de su persona. Sea
avisado que si ustad no se defienda, le corte fomara medidas y puede continuar fa demanda en conira suya ain previo aviso ao notificacion.
Ademas, [a corte puede decidir a favor de! demandante y equiere que usted cumpia con todas las provisiones de esta dermands. Usted
puede perder dinero o aus propledades u otros derechas importantes para usted.
{EVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 5S! NO TIENE ABOGADO O Si NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECGION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Asociacion De Licanciados De Filedeltia
‘Servicio De Relerencia & Informacion Legal
One Reading Center
Filadellia, Pennaylvenia 19107
Tetefona: (215} 238-1701
Case 1D: 240 0URS
LAW OFFICES OF ROBERT F, STRANICK
BY: ROBERT F. STRANICK
LD. NO 57777
334 W. Front Street
Media, PA 19063
{610) 566-2489
IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY, PA
CIVIL ACTION — LAW
KEVIN MURPHY : No.
336 Sunnybrook Road
Springfield, PA 16094
Plaintiff
Vv.
STAT MEDICAL TRANSPORT, LLC
740 Burmont Road, Rear
Drexel Hill, PA 19026
Defendants
COMPLAINT.
1 Plaintiff, Kevin Murphy is an adult individual who, at all times relevant
hereto, resides at 336 Sunnybook Road, Springfield, PA 19064
2 Defendant, Stat Medical Transport, LLC, (hereinafter referred to as “Stat
Medical”) is Pennsylvania corporation with a principal place of business located at 740 Burmont
Road, Rear, Drexel Hill, PA 19026.
3 At all times material hereto, Stat Medical operated as a medical transport
carrier, carrying patients to doctor appointments and hospitals for treatment throughout
Pennsylvania, including Philadelphia County. At all times relevant hereto Defendant, Stat
Medical is a common carrier as defined by the laws and statutes of the Commonwealth of
Pennsylvania.
ease) AARON
4 Atall times relevant hereto, Defendant Stat Medical acted through its
agents, servants and/or employees.
5 On or about September 28, 2018, Plaintiff, Kevin Murphy, while
exercising due care and caution for his safety, while waiting to be transported into Defendant’s
vehicle, suddenly and without warning, the back lift gate of Defendant’s vehicle was lowered by
the driver onto Mr. Murphy’s left foot thereby sustaining severe and permanent injuries, the
details of which are specifically set forth herein below.
6. The aforesaid accident was caused solely and exclusively by the wrongful
and liability-producing conduct of the Defendant, its agents, servants and employees as
hereinafter more fully set forth and was due in no manner whatsoever to any act or failure to act
on the part of Plaintiff, Kevin Murphy.
7 As a proximate result of the accident described above, Plaintiff, Kevin
Murphy sustained serious, painful, grievous and permanent physical injuries, including injuries
to left foot and toes,
8 Asa further result of the wrongful conduct of the Defendants, Plaintiff has
been obliged to expend various and diverse sums of money for medicine and medical care and
treatment in and about an effort to cure himself of the injuries he has sustained.
9 As a further result of the wrongful conduct of the Defendant, Plaintiff has
suffered a loss and depreciation of his earnings and earning capacity.
10. Asa further result of the wrongful conduct of the Defendants, Plaintiff has
undergone great physical pain and mental anguish, as well as embarrassment and humiliation and
will continue to endure same for an indefinite time in the future to his great detriment and loss.
11. Asa further result of the wrongful conduct of the Defendants, Plaintiff has
2
Ease
dd: 26S
suffered extreme inconvenience and has been unable to attend to his day-to-day activities.
Plaintiff has been deprived of life’s pleasures and will continue to suffer such deprivation for an
indefinite time in the future.
COUNT I - NEGLIGENCE
PLAINTIFF, KEVIN MURPHY V. STAT MEDICAL
12. Plaintiff hereby incorporates by reference all of the allegations contained
in paragraphs | through 11 above as though fully set forth herein at length.
13. Defendant had a duty to maintain safety for all its passengers.
14. Defendant breached said duty by allowing the lift to negligently strike
Plaintiff's foot.
15. The incident resulting in Plaintiff's injuries was caused by negligence,
gross negligence, carelessness, recklessness and misconduct of Defendant and their duly
authorized agents, servants, workmen and employees in the following particulars:
@) Failed to have the vehicle under proper and adequate control at the time;
(b) Failed to maintain a proper safety precautions for conditions;
{c). Operated the vehicle without due regard for the rights, safety and position
of Plaintiff;
(4) Violated the various ordinances of the County of Philadelphia and the
laws of the Commonwealth of Pennsylvania;
(e). Operated the vehicle in a reckless and careless manner; which Defendant
should have known was unsafe;
(f) Failed to keep a proper look out;
(g) Failed to properly remove and/or place Plaintiff into and/or from its
Ease HD: ARMS
vehicle without causing serious personal injuries to Plaintiff;
(h) Was otherwise negligent and reckless as a matter of law.
@ Failing as a common carrier to provide for the safety of its business
invitees;
a Failing to properly supervise and monitor the conduct of Defendants’ duly
authorized agents, servants, workmen and employees;
«&) Willful, wanton and reckless conduct with a conscious indifference to the
safety of business invitees, including Plaintiff; and
a Such other acts and omissions by Defendants constituting negligence as
may be ascertained during the course of discovery provided by the Pennsylvania Rules of Civil
Procedure.
16. As the result of the aforementioned negligent conduct, Defendants are liable to
Plaintiff in an amount in excess of $50,000.00.
WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in an
amount in excess of $50,000.00, together with interest, costs of suit and attorney's fees.
LAW OFFICES OF ROBERT F. STRANICK
J
BY; 7
(Pore F. STRANICK.
Gase 1B: $2030.55
VE) TION
I, ROBERT F. STRANICK, attorney for Plaintiff, Kevin Murphy hereby certify that the
facts contained herein are true and correct to the best of my knowledge, information and belief.
This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn
falsification to authorities.
ZI
(Ropent F, STRANICK
pated: J - 5-4 2tO
Carel) :2eRIOoROs
EXHIBIT “B”
LAW OFFICES OF ROBERT F, STRANICK
BY: ROBERTF. STRANICK
LD. NO 57777
334 W. Front Street
Media, PA 19063
(610) 566-2489
IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY, PA
CIVIL ACTION - LAW
KEVIN MURPHY No
336 Sunnybrook Road
Springfield, PA 19064
Plaintiff
H.
State Farm Automobile Insurance Company :
One State Farm Plaza
Bloomington, IL 61710
Defendant
NOTICE
You have been sued in court. If you wish to defend against the clalms set forth in the following pages, you must take action within twenty
(20) days after this compiaint and notice are served, by entering a written appaarance personally or by attorney end filing in writing with
the court your defenses or objectione to the claims set forth against you. You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the court without further notica for any money claimed in the complaint or for
‘any other claim or relief requested by the plaintiff, You may lose money or property or other rights Important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFIGE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ASLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Philadeiphia Bar Association
Lawyer Referral and Information Service
One Reading Center
Philadelphia, Pennsylvania 19107
Telephone: (215} 238-1701
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse da estas demandas expuestas en las paginas siguientes, usted bene
velnte (20) dias de plazo al partir de la fecha de la demanda y Ia notificacion. Hace falta asenlar una comparencia escrita o en persona
‘9 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea
avisado que si usted no se defienda, ta corte lomara madidas y puede continuar la demanda en conira suya sin previo aviso 9 notificacion.
Usted
Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta dermenda,
puede perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE
DE PAGAR TAL SERVICIO, VAYA EN PERSONA © LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Asociacion De Licenciados De Filadellia
Servicio Da Relerencia E Informacion Legal
One Reading Center
Filadellia, Pennsylvania 19107
Telefono: (215) 238-1701
LAW OFFICES OF ROBERT F. STRANICK
BY: ROBERTF. STRANICK
1.D. NO 57777
334 W. Front Street
Media, PA 19063
(610) 566-2489
IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY, PA
CIVIL ACTION —- LAW
KEVIN MURPHY No.
336 Sunnybrook Road
Springfield, PA 19064
Plaintiff
I
State Farm Automobile Insurance Company’:
One State Farm Plaza
Bloomington, IL 61710
Defendant
COMPLAINT — BREACH OF CONTRACT —1C€
THE PARTIES
1 Plaintiff, Kevin Murphy is an adult individual and citizen of the Commonwealth
of Pennsylvania, who, at all times relevant hereto, resides at 336 Sunnybrook Road, Springfield
PA 19064.
2 State Farm Mutual Automobile Insurance Company (hereinafter referred to as
“State Farm”) is, upon information and belief, is a corporation or other entity under and by virtue
of the laws of the State of Illinois with its principal place of business located at One State Farm
Drive, Bloomington, IL 61710.
OPERATIVE FACTS
3 At all times relevant hereto, Plaintiff, Kevin Murphy, was a named insured under
an automobile insurance policy with State Farm, policy number 321 6038-E10-38D, which
provided $75,000.00 in Underinsured Motorist benefits. Said State Farm policy declaration
sheet is attached hereto as Exhibit “A”.
4 Atall times relevant hereto, Plaintiff, Kevin Murphy, resided with his parents,
John and Veronica Murphy, and as such, is an insured under his parents State Farm policy
number 185 2502-C03-38B. The aforesaid policy provides $125,000.00 in Uninsured Motorist
benefits. Said State Farm policy declaration sheet is attached hereto marked as Exhibit “B”.
5 Accordingly, Plaintiff, Kevin Murphy has available to him $200,000.00 in
Underinsured Motorist benefits with State Farm.
6 Upon information and belief, State Farm is in possession of an actual, certified
copies of the State Farm policies at issue.
7. On or about September 28, 2018, Plaintiff, Kevin Murphy, while exercising due
care and caution for his safety, was waiting to be transported into an ambulance owned and
operated by Stat Medical Transport, LLC, 740 Burmont Road, Rear, Drexel Hill, PA 19026.
8. On the aforesaid date, suddenly and without warning the back lift gate of the Stat
Medical Transport vehicle was lowered by the Stat Medical driver onto Mr. Murphy’s left foot,
thereby causing severe and permanent injuries, the details of which are specifically set forth in
below,
9 The aforesaid accident was caused solely and exclusively by the wrongful and
liability producing conduct of Stat Medical Transport, its agents, servants and employees, as
hereinafter more fully set forth and was to in any manner whatsoever to any act or failure to act
on part of Plaintiff, Kevin Murphy.
10. As a proximate result of the accident described above, Plaintiff, Kevin Murphy
sustained serious, painful, grievous and permanent physical injuries, including injuries to left
sustained serious, painful, grievous and permanent physical injuries, including injuries to left
foot and toes,
11. As a further result of the wrongful conduct of the Stat Medical Transport, Plaintiff
has been obliged to expend various and diverse sums of money for medicine and medical care
and treatment in and about an effort to cure himself of the injuries he has sustained.
12. As a further result of the wrongful conduct of the Stat Medical Transport Plaintiff
has suffered a loss and depreciation of his earnings and earning capacity.
13. As a further result of the wrongful conduct of the Stat Medical Transport, Plaintiff
has undergone great physical pain and mental anguish, as well as embarrassment and humiliation
and will continue to endure same for an indefinite time in the future to his great detriment and
loss.
14, Asa further result of the wrongful conduct of the Stat Medical Transport, Plaintiff
has suffered extreme inconvenience and has been unable to attend to his day-to-day activities.
Plaintiff has been deprived of life’s pleasures and will continue to suffer such deprivation for an
indefinite time in the future.
15. On or about September 3, 2020 Plaintiff initiated suit against Defendant, Stat
Medical Transport in the Court of Common Pleas of Philadelphia County. A true and correct
copy of said Complaint is attached hereto marked as Exhibit “C”.
16. Stat Medical Transport challenged the venue of Plaintiff’s action in Philadelphia
County through Preliminary Objections and the matter was ultimately transferred to the Court of
Common Pleas of Delaware County, Docket No. 21-6845.
PENNSYLVANIA GUARANTEE ASSOCIATION
17, At all times relevant hereto, Stat Medical Transport was insured under a liability
18. On or about August 11, 2020, the aforesaid insurance company went into
liquidation and Plaintiff’s claim was thereafter assigned to the Pennsylvania Property and
Casualty Insurance Guarantee Association, 40 PS §991.1801 ef seg.
19. Pursuant to 40 PS §991.1817(a), Plaintiff, Kevin Murphy is required to exhaust
all available insurance coverage including any and all Uninsured Motorist Coverage prior to
proceeding against Stat Medical Transport.
COUNT I
BREACH OF CONTRACT
KEVIN MURPHY V. STATE FARM
20. Plaintiff hereby incorporates by reference all of the allegations contained in
paragraphs 1 through 19 above as though fully set forth herein at length.
21. Plaintiff, Kevin Murphy, at all times material hereto is an insured under the State
Farm polices of insurance referenced above.
22. Plaintiff has complied with all policy provisions and conditions, precedent that
entitled him to UM benefits under the State Farm policy.
23. State Farm has breached its contract of insurance with its insured, Kevin Murphy
by inter alia failing to properly compensate Mr. Murphy for his injuries.
24. State Farm breached its contract of insurance with its insured, Kevin Murphy by
inter alia failing to properly evaluate his claim, investigate his claim, and pay the UM policy
limits.
25. State breached its duty of good faith and fair dealing in the administration of its
contract of insurance.
WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in an
amount in excess of $50,000.00, together with interest, costs of suit and attorney's fees.
'S OF ROBERT F. STRANICK
L. Se
LAW OFFI
BY.
ROBERT F. STRANICK
EXHIBIT “C”
IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY
CIVIL ACTION - LAW
KEVIN MURPHY
March Term, 2022, No. 000169
Vv
STATE FARM AUTOMOBILE INSURANCE
COMPANY
IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY
CIVIL ACTION - LAW
KEVIN MURPHY
¥. No CV-2021-006690
STAT MEDICAL TRANSPORT, LLC
QRDER
AND NOW, on this day of ; 2022 and upon consideration of
Plaintiff's, Motion for Consolidation and all responses thereto, it is hereby ORDERED and
DECREED that the above-captioned matters are consolidated for purposes of pre-trial discovery
and trial and will proceed under the deadlines prescribed for the matter of Kevin Murphy v. State
Farm Automobile Insurance Company, March Term, 2022, No. 000169.
BY THE COURT:
LAW OFFICES OF ROBERT F, STRANICK
BY: ROBERT F. STRANICK
LD. NO 57777
334 W. Front Street
Media, PA 19063
(610) 566-2489 Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY
CIVIL ACTION — LAW
KEVIN MURPHY
March Term, 2022, No. 000169
Vv.
STATE FARM AUTOMOBILE INSURANCE
COMPANY
IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY
CIVIL ACTION ~ LAW
KEVIN MURPHY
¥. : No CV-2021-006690
STAT MEDICAL TRANSPORT, LLC
PLAINTIFF’S MOTION FOR CONSOLIDATION
Plaintiff, Kevin Murphy, (hereinafter “Moving Plaintiff’) by and through his attomeys,
Black, Stranick & Cella, P.C., hereby moves this Honorable Court to enter an order granting
moving Plaintiffs Motion for Consolidation, and in support thereof, avers as follows:
1 On September 3, 2020, plaintiff, Kevin Murphy, filed a complaint against
defendant, Stat Medical Transport in the Philadelphia Court of Common Pleas. (A true and
correct Copy of said complaint has been attached hereto and marked as Exhibit “A”).
2 On or about August 5, 2021, this matter was transferred to the Delaware County
Court of Common Pleas, Civil Action number 21-6690.
3 On or about March 1, 2022, plaintiff, Kevin Murphy filed a complaint against
Defendant, State Farm Automobile Insurance Company, in the Philadelphia Court of Common
Pleas, March Term, 2022, No. 000169. (A true and correct Copy of said Complaint has been
attached hereto and marked as Exhibit “B”).
4 Both of these complaints were based on a motor vehicle accident that occurred on
September 28, 2018.
5. Defendant, State Farm Automobile Insurance Company is the Uninsured Motorist
carrier for Plaintiff, Kevin Murphy.
6 As these matters relate to same accident that occurred on September 18, 2018,
these matters should be consolidated.
7 The consolidation of these actions will not prejudice any substantial right of any
party to the actions and it will avoid unnecessary costs and delays in that both cases can be
presented to the Court.
8 Moreover, the consolidation of these actions will permit for their resolution in the
most efficient and expeditious manner, without wasting the Court’s resources.
9 Pursuant to Pa.R.C.P. 213(a), the Court may order a joint trial of actions involving
a common question of law or fact.
10. The above-captioned matters arise out of the same incident and involve common
questions of law and fact which are pending before the Court.
WHEREFORE, Moving Plaintiff, respectfully requests that this Honorable Court enter
the proposed Order attached herewith consolidating these three actions.
LAW OFFI ‘S OF ROBERT F, STRANICK
BY: bia
/ ROBERT F. STRANICK
Attorney for Moving Plaintiff
LAW OFFICES OF ROBERT F. STRANICK
BY: ROBERT F. STRANICK
LD. NO 57777
334 W. Front Street
Media, PA 19063
(610) 566-2489 Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY
CIVIL ACTION - LAW
KEVIN MURPHY
March Term, 2022, No. 000169
v.
STATE FARM AUTOMOBILE INSURANCE
COMPANY
IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY
CIVIL ACTION - LAW
KEVIN MURPHY
Vv. No CV-2021-006690
STAT MEDICAL TRANSPORT, LLC
MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CONSOLIDATION
Pennsylvania Rule of Civil Procedure 213(a) states as follows:
In actions pending in a county which involve a common question
of law or fact or which arise from the same transaction or
occurrence, the court, on its own motion or on the motion of any
party may order a joint hearing or trial of any matter and issue in
the actions, may order the actions consolidated, and may make
orders that avoid unnecessary cost or delay.
The above-captioned matters arise out of the same incident, involve the same Plaintiff
and common questions of law and fact which are pending before this Honorable Court. The
consolidation of these actions is in the best interests of all parties. Failure to consolidate these
actions would result in unnecessary and duplicative litigation as well as raising the possibility of
inconsistent verdicts. Furthermore, the consolidation of these two actions will not prejudice the
rights of any of the parties involved.
WHEREFORE, Moving Plaintiff, respectfully requests that this Honorable Court enter
the proposed Order attached herewith consolidating these two actions.
L FIQES OF ROBERT F, STRANICK
oP
BY:
/ ROBERT F, STRANICK
VERIFICATION
ROBERT F. STRANICK, ESQUIRE, verifies that he is the attorney for Moving Plaintiff,
Kevin Murphy, in these actions, and that the facts sct forth in the foregoing Motion for
Consolidation and supporting Memorandum of Law are true and correct to the best of his
information, knowledge and belief. It is understood that this statement is made subject to the
penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities.
So
is F. STRANICK
JfROBERT
EXHIBIT “D”
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEVIN MURPHY
: Case No. 2:22-cv-01301
v.
STATE FARM AUTOMOBILE
INSURANCE COMPANY
ORDER
AND NOW, this day of , 2022, upon consideration of Plaintiff Kevin
Murphy’s Motion to Remand and any response in opposition thereto, IT IS HEREBY ORDERED
that Plaintiff's Motion to Remand is GRANTED, It is further ORDERED that this action is
remanded to the Court of Common Pleas of Philadelphia County.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEVIN MURPHY
Case No. 2:22-cv-01301
v.
STATE FARM AUTOMOBILE
INSURANCE COMPANY
PLAINTIFF KEVIN MURPHY’S MOTION FOR REMAND TO THE PHILADELPHIA
COURT OF COMMON PLEAS
Plaintiff, Kevin Murphy, files this Motion to Remand the immediate case to the Philadelphia
Court of Common Pleas, which was removed by Defendant State Farm Automobile Insurance
Company (hereinafter referred to as “State Farm”) on the basis of diversity of the citizenship of the
parties and in support thereof, avers as follows:
1 Plaintiff, Kevin Murphy is an adult individual and citizen of the Commonwealth
of Pennsylvania, who, at all times relevant hereto, resides at 336 Sunnybrook Road, Springfield,
PA 19064.
2. State Farm Mutual Automobile Insurance Company (hereinafter referred to as
“State Farm”) is, upon information and belief, is a corporation or other entity under and by virtue
of the laws of the State of Illinois with its principal place of business located at One State Farm
Drive, Bloomington, IL 61710.
3 At all times relevant hereto, Plaintiff, Kevin Murphy, was a named insured under
an automobile insurance policy with State Farm, policy number 321 6038-E10-38D, which
provided $75,000.00 in Underinsured Motorist benefits. Said State Farm policy declaration
sheet is attached hereto as Exhibit “A”.
4 At all times relevant hereto, Plaintiff, Kevin Murphy, resided with his parents,
John and Veronica Murphy, and as such, is an insured under his parents State Farm policy
numbers 185 2502-C03-38B and 178 4446-D29-38C. The aforesaid policy provides
$125,000.00 in Uninsured Motorist benefits. Said State Farm policy declaration sheets are
attached hereto collectively marked as Exhibit “B”.
5 Accordingly, Plaintiff, Kevin Murphy has available to him $200,000.00 in
Underinsured Motorist benefits with State Farm.
6. On or about September 28, 2018, Plaintiff, Kevin Murphy, while exercising due
care and caution for his safety, was waiting to be transported into an ambulance owned and
operated by Stat Medical Transport, LLC, 740 Burmont Road, Rear, Drexel Hill, PA 19026.
7 On the aforesaid date, suddenly and without warning the back lift gate of the Stat
Medical Transport vehicle was lowered by the Stat Medical driver onto Mr. Murphy’s left foot,
thereby causing severe and permanent injuries, the details of which are specifically set forth in
below.
8 The aforesaid accident was caused solely and exclusively by the wrongful and
liability producing conduct of Stat Medical Transport, its agents, servants and employees, as
hereinafter more fully set forth and was to in any manner whatsoever to any act or failure to act
on part of Plaintiff, Kevin Murphy.
9 As a proximate result of the accident described above, Plaintiff, Kevin Murphy
sustained serious, painful, grievous and permanent physical injuries, including injuries to left
foot and toes.
10. On or about September 3, 2020 Plaintiff initiated suit against Defendant, Stat
Medical Transport in the Court of Common Pleas of Philadelphia County. A true and correct
copy of said Complaint is attached hereto marked as Exhibit “C”.
11. Stat Medical Transport challenged the venue of Plaintiff's action in Philadelphia
County through Preliminary Objections and the matter was ultimately transferred to the Court of
Common Pleas of Delaware County, Docket No. 21-6690.
12, At all times relevant hereto, Stat Medical Transport was insured under a liability
policy issued by the American Country Insurance Company.
13. On or about August 11, 2020, the aforesaid insurance company went into
liquidation and Plaintiff’s claim was thereafter assigned to the Pennsylvania Property and
Casualty Insurance Guarantee Association. 40 PS §991.1801 ef seg.
14, Pursuant to 40 PS §991.1817(a), Plaintiff, Kevin Murphy is required to exhaust
all available insurance coverage including any and all Uninsured Motorist Coverage prior to
proceeding against Stat Medical Transport.
15. On or about March 1, 2022 Plaintiff filed his Complaint for Uninsured Motorist
benefits against Defendant State Farm in the Philadelphia Court of Common Pleas. A true and
correct copy of said Complaint is attached hereto marked as Exhibit “D”.
16. On or about March 24, 2022, on the basis that both the actions against Stat
Medical and the action against State Farm arise from the same operative facts, Plaintiff filed
Motion to Consolidate and/or coordinate both cases in the Court of Common Pleas of
Philadelphia County. A true and correct copy of said Motion is attached hercto marked as
Exhibit “E”.
17. Before the Court of Common Pleas of Philadelphia made a ruling on Plaintiff's
Motion to Consolidate and/or coordinate the third part and Uninsured Motorist cases, Defendant
State Farm, despite and full and complete knowledge of both the underlying third party action
and Plaintiffs Motion to Consolidate, filed a Petition to remove the Plaintiffs claim against
State Farm to the United States District Court for the Eastern District of Pennsylvania on or
about April 5, 2022.
18. It is respectfully submitted that should both the third party and UM actions should
be consolidated, as such that the diversity of citizenship would no longer exist and this matter
must be remanded back to the Philadelphia Court of Common Pleas for further consideration of
Plaintiffs Motion to Consolidate.
19. As the Third Circuit unambiguously set forth in Batoff v. State Farm Insurance
Company, 977 F.2d, 848 (3d Cir. 1992) there is a “[hJeavy burden of persuasion” a removing
defendant must meet in order to establish fraudulent joinder, and further holds that removal
statutes are to be “[s]trictly construed against removal and all doubts should be resolved in favor
of remand:”
A district court must consider a number settled precepts in ruling on a
petition to remand a case to state court for lack of diversity jurisdiction.
When a non-diverse party has been joined as a defendant, then in the
absence of a substantial federal question the removing defendant may avoid
remand only by demonstrating that the non-diverse party was fraudulently
joined. But the removing party carries a “heavy burden of persuasion” in
making this showing Steel Valley Author v. Union Switch & Signal Div., 809
F.2d 1006, 1012 n. 6 (3d Cir. 1987), cert. dismissed. 484 U.S, 1021, 108 S.Ct.
739, 98 L.Ed. 2d 756 (1988); see also Boyer vy. Snap-On Tools Corp., 913
F.2d 108, 111 (3d Cir. 1990), cert. denied, 112 L.Ed. 2d 1046, 111 S.Ct, 959
(1991). It is logical that it should have this burden, for removal statutes, “are
to be strictly construed against removal and all doubts should be resolved in
favor of remand.” Steel Valley,, 809 F.2d at 1010 (citing Abels v. State Farm
Fire & Casualty Co., 770 F.2d 26, 29 (3d Cir. 1985)). Id, at 851
20. Batoff holds that if there is “[e]ven a possibility” that a Complaint states a cause
of action against a resident defendant, a district court “[mJust find that joinder was proper and
remand the case to state court”:
Joinder is fraudulent “where there is no reasonable basis in fact or colorable
ground supporting the claim against the joined defendant, or no real
intention in good faith to prosecute the action against the defendants or seck
a joint judgment. Boyer, 913 F.2d at 111 (quoting Abels, 770 F.2d at 32).
But “if there is even a possibility that a state court would find that the
complaint states a cause of action against any one of the resident defendants,
the federal court must find that joinder was proper and remand the case to
state court”” Boyer, 913 F.2d (quoting Coker vy. Amoco Oil Co., 709 F.2d
1433, 1440-41 (11" cir. 1983)) Id. at 851.
21. The Third Circuit additionally holds that a district court, when evaluating a case
that was removed for the purported reason of fraudulent joinder, “[m]ust assume as true all
factual allegations of the complaint” and “[rJesolve any uncertainties as to the current state of
controlling substantive law in favor of plaintiff”:
In evaluating the alleged fraud....the district court must assume as true all
factual allegations of the complaint.” Steel Vall , 809 F.2d at 1010 (citation
omitted). It also must “resolve any uncertainties as to the correct state of
controlling substantive law in favor of the plaintiff.” Boyer, 913 F.2d at 111.
Id, at 851.
22. Finaily, the Third Circuit makes clear that even a claim would not survive a Fed.
R.C.P, 12(b)(5) motion to dismiss, such a finding does not mean that a party was fraudulently
joined for purposes of a removal/remand:
(T]he inquiry into the validity of a complaint triggered by a motion to
dismiss under Rule 12(b)(6) is more searching than that permissible when a
party makes a claim of fraudulent joinder. Therefore, it is possible that a
party is not fraudulently joined, but that the claim against that party
ultimately dismissed for failure to state a claim upon which relief may be
granted. Accordingly, the district court erred in converting its jurisdictional
inquiry into a motion to dismiss. Id. at 852.
23. Accordingly, the Third Circuit has made it abundantly clear that unless a plaintiff
alleged claims against a resident defendant that had no conceivable, possible merit, a motion to
remand must be granted. Obviously, Plaintiff has more than met the Batoff standard, as his
claims against the Defendant are well-founded and do not offend any recognized legal contract
or prima facie pleading standard.
24, Thus, for all the aforementioned reasons, Plaintiff respectfully requests that this
Honorable Court remand this case to the Philadelphia Court of Common Pleas.
WHEREFORE, Plaintiff hereby demands that his motion be granted and that this matter
be remanded to the Philadelphia Court of Common Pleas.
Respectfully submitted,
LAW V OFFI S OF ROBERT F. STRANICK
DATE: Aprii 13, 2022
(, fl-2 SBE
/ ROBERT F. STRANICK.
CERTIFICATE OF SERVICE
I do hereby certify that service of a true and correct copy of the Motion for Remand and
supporting Memorandum of Law on behalf of Plaintiff, Kevin Murphy, was served on counsel
listed below by electronic filing on April 13, 2022.
Katherine Cole Douglas, Esquire
Bennett, Bricklin & Saltzburg, LLC
Centre Square, West Tower
1500 Market Street, 32"! Floor
Philadelphia,
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IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY, PA CIVIL ACTION — LAW KEVIN MURPHY CV-2021-006690 Plaintiff ¥, STAT MEDICAL TRANSPORT, LLC Defendant ORDER AND NOW, this day of , 2022, upon consideration of Plaintiff, Kevin Murphy’s Petition to Stay pending resolution of the Uninsured Motorist Action, IT IS HEREBY ORDERED that said Petition is GRANTED and the above-captioned matter is hereby STAYED pending the resolution of Plaintiff's Uninsured Motorist action. LAW OFFICES OF ROBERT F. STRANICK BY: ROBERT F. STRANICK 1.D. NO 57777 334 W. Front Street Media, PA 19063 (610) 566-2489 IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY, PA CIVIL ACTION - LAW KEVIN MURPHY CV-2021-006690 Plaintiff vi. STAT MEDICAL TRANSPORT, LLC Defendant PLAINTIFF’S PETITION FOR STAY Plaintiff, by and through his undersigned counsel, hereby files the within Petition to Stay the immediate case currently pending in the Court of Common Pleas of Delaware County pending the resolution of Plaintiffs Uninsured Motorist action. FACTUAL BACKGROUND AND PROCEDURAL HISTORY 1 The above-captioned matter arises out of an incident which occurred on or about September 28, 2018. Plaintiff, Kevin Murphy, while exercising due care and caution for his safety, was waiting in a wheelchair to be transported into an ambulance owned and operated by Defendant, Stat Medical Transport, LLC. (hereinafter referred to as “Stat Medical”). 2 On the aforesaid date, suddenly and without warning the back lift gate of the Stat Medical Transport vehicle was lowered by the Stat Medical driver onto Mr. Murphy’s left foot, thereby causing severe and permanent injuries, the details of which are specifically set forth in below. 3 The aforesaid accident was caused solely and exclusively by the wrongful and liability producing conduct of Stat Medical Transport, its agents, servants and employees, as hereinafter more fully set forth and was to in any manner whatsoever to any act or failure to act on part of Plaintiff, Kevin Murphy. 4 As a proximate result of the accident described above, Plaintiff, Kevin Murphy sustained serious, painful, grievous and permanent physical injuries, including injuries to left foot and toes. 5 On or about September 3, 2020 Plaintiff initiated suit against Defendant, Stat Medical Transport in the Court of Common Pleas of Philadelphia County. A true and correct copy of said Complaint is attached hereto marked as Exhibit “A”. 6 Stat Medical Transport challenged the venue of Plaintiff’s action in Philadelphia County through Preliminary Objections and the matter was ultimately transferred to the Court of Common Pleas of Delaware County, Docket No. 21-6690. 7 At all times relevant hereto, Stat Medical Transport was insured under a liability policy issued by the American Country Insurance Company. 8 On or about August 11, 2020, the aforesaid insurance company went into liquidation and Plaintiff's claim was thereafter assigned to the Pennsylvania Property and Casualty Insurance Guarantee Association. 40 PS §991.1801 ef seq. 9 Pursuant to 40 PS §991.1817(a), Plaintiff, Kevin Murphy is required to exhaust all available insurance coverage including any and all Uninsured Motorist Coverage prior to proceeding against Stat Medical Transport. 10, On or about March 1, 2022 Plaintiff filed his Complaint for Uninsured Motorist benefits against Defendant State Farm in the Philadelphia Court of Common Pleas. A true and correct copy of said Complaint is attached hereto marked as Exhibit “B”. 11. On or about March 24, 2022, on the basis that both the actions against Stat Medical and the action against State Farm arise from the same operative facts, Plaintiff filed Motion to Consolidate and/or coordinate both cases in the Court of Common Pleas of Philadelphia County. A true and correct copy of said Motion is attached hereto marked as Exhibit “C”. 12. Before the Court of Common Pleas of Philadelphia made a ruling on Plaintiff's Motion to Consolidate and/or coordinate the third party and Uninsured Motorist cases, Defendant State Farm, despite and full and complete knowledge of both the underlying third party action and Plaintiffs Motion to Consolidate, filed a Petition to remove the Plaintiff's claim against State Farm to the United States District Court for the Eastern District of Pennsylvania on or about April 5, 2022. Plaintiff responded by filing his Motion to Remand back to the Philadelphia Court of Common Pleas. A true and correct copy of said Motion is attached hereto as Exhibit “D”. 13, Plaintiff's Uninsured Motorist carrier, State Farm Insurance Company, challenged Plaintiff's Petition to Remand his Uninsured Motorist action and ultimately, the United States District Court for the Eastern District of Pennsylvania determined that the Uninsured Motorist action shall remain in the United States District Court for the Eastern District of Pennsylvania. A true and correct copy of the Order dated May 11, 2022 is attached hereto as Exhibit “E”. 14. It is respectfully submitted that in order to avoid any undue hardship to Plaintiff, Kevin Murphy, as well as inconsistent verdicts, that the above-captioned matter should be stayed pending the resolution of Plaintiff's Uninsured Motorist matter in the United States District Court for the Eastern District of Pennsylvania. 15. Defendant, Stat Medical, through their counsel, has no objection to the stay of this matter, pending the resolution of Plaintiff's Uninsured Motorist matter in the United States District Court for the Eastern District of Pennsylvania. 16. Counsel for Plaintiff has agreed to coordinate with both Defendant, Stat Medical and State Farm Insurance Company with respect to discovery. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's Petition to Stay, pending the resolution of Plaintiff's Uninsured Motorist matter. Respectfully submitted LAW OFFICES OF ROBERT F, STRANICK Loy a BY: Cen / ROBERT FSSTRANICK DATE: May 26, 2022 EXHIBIT “A” of LAW OFFICES OF ROBERT F. STRANICK Filed phd the BY: ROBERT F. STRANICK Office ‘sbi fecords 1.D. NO 57777 03 pm 334 W. Front Street Media, PA 19063 ue (610) 566-2489 IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY, PA CIVIL ACTION - LAW KEVIN MURPHY : No. 336 Sunnybrook Road Springfield, PA 16094 Plaintiff vi. STAT MEDICAL TRANSPORT, LLC 740 Burmont Road, Rear Drexel Hill, PA 19026 Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you mus! take action ‘within twenty (20) days after this complaint and notice are served, by entering a written appearance personally of by attomey and filing In wating with the court your defenses or objections to the claims sel forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court withaut further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may fase money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORO TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION AGOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Philadelphia Bar Association Lawyer Referral and Information Service ‘One Reading Center Philadelphia, Pennsylvania 19107 Telephone: (215) 238-1701 Ease dd ARIADDRS AVISO Le han demandado a usted en la corte. Si usted quiere defendarse de estas damandas expuestas en las paginas siguientes, usted bene veinte (20) dias de plazoal partir de fa feche de la demanda y ja notificacion. Hace fatta asentar una comparencia escrila o en persone o con un abogado y entregar a fa corte en forma escrita gus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si ustad no se defienda, le corte fomara medidas y puede continuar fa demanda en conira suya ain previo aviso ao notificacion. Ademas, [a corte puede decidir a favor de! demandante y equiere que usted cumpia con todas las provisiones de esta dermands. Usted puede perder dinero o aus propledades u otros derechas importantes para usted. {EVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 5S! NO TIENE ABOGADO O Si NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECGION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociacion De Licanciados De Filedeltia ‘Servicio De Relerencia & Informacion Legal One Reading Center Filadellia, Pennaylvenia 19107 Tetefona: (215} 238-1701 Case 1D: 240 0URS LAW OFFICES OF ROBERT F, STRANICK BY: ROBERT F. STRANICK LD. NO 57777 334 W. Front Street Media, PA 19063 {610) 566-2489 IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY, PA CIVIL ACTION — LAW KEVIN MURPHY : No. 336 Sunnybrook Road Springfield, PA 16094 Plaintiff Vv. STAT MEDICAL TRANSPORT, LLC 740 Burmont Road, Rear Drexel Hill, PA 19026 Defendants COMPLAINT. 1 Plaintiff, Kevin Murphy is an adult individual who, at all times relevant hereto, resides at 336 Sunnybook Road, Springfield, PA 19064 2 Defendant, Stat Medical Transport, LLC, (hereinafter referred to as “Stat Medical”) is Pennsylvania corporation with a principal place of business located at 740 Burmont Road, Rear, Drexel Hill, PA 19026. 3 At all times material hereto, Stat Medical operated as a medical transport carrier, carrying patients to doctor appointments and hospitals for treatment throughout Pennsylvania, including Philadelphia County. At all times relevant hereto Defendant, Stat Medical is a common carrier as defined by the laws and statutes of the Commonwealth of Pennsylvania. ease) AARON 4 Atall times relevant hereto, Defendant Stat Medical acted through its agents, servants and/or employees. 5 On or about September 28, 2018, Plaintiff, Kevin Murphy, while exercising due care and caution for his safety, while waiting to be transported into Defendant’s vehicle, suddenly and without warning, the back lift gate of Defendant’s vehicle was lowered by the driver onto Mr. Murphy’s left foot thereby sustaining severe and permanent injuries, the details of which are specifically set forth herein below. 6. The aforesaid accident was caused solely and exclusively by the wrongful and liability-producing conduct of the Defendant, its agents, servants and employees as hereinafter more fully set forth and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, Kevin Murphy. 7 As a proximate result of the accident described above, Plaintiff, Kevin Murphy sustained serious, painful, grievous and permanent physical injuries, including injuries to left foot and toes, 8 Asa further result of the wrongful conduct of the Defendants, Plaintiff has been obliged to expend various and diverse sums of money for medicine and medical care and treatment in and about an effort to cure himself of the injuries he has sustained. 9 As a further result of the wrongful conduct of the Defendant, Plaintiff has suffered a loss and depreciation of his earnings and earning capacity. 10. Asa further result of the wrongful conduct of the Defendants, Plaintiff has undergone great physical pain and mental anguish, as well as embarrassment and humiliation and will continue to endure same for an indefinite time in the future to his great detriment and loss. 11. Asa further result of the wrongful conduct of the Defendants, Plaintiff has 2 Ease dd: 26S suffered extreme inconvenience and has been unable to attend to his day-to-day activities. Plaintiff has been deprived of life’s pleasures and will continue to suffer such deprivation for an indefinite time in the future. COUNT I - NEGLIGENCE PLAINTIFF, KEVIN MURPHY V. STAT MEDICAL 12. Plaintiff hereby incorporates by reference all of the allegations contained in paragraphs | through 11 above as though fully set forth herein at length. 13. Defendant had a duty to maintain safety for all its passengers. 14. Defendant breached said duty by allowing the lift to negligently strike Plaintiff's foot. 15. The incident resulting in Plaintiff's injuries was caused by negligence, gross negligence, carelessness, recklessness and misconduct of Defendant and their duly authorized agents, servants, workmen and employees in the following particulars: @) Failed to have the vehicle under proper and adequate control at the time; (b) Failed to maintain a proper safety precautions for conditions; {c). Operated the vehicle without due regard for the rights, safety and position of Plaintiff; (4) Violated the various ordinances of the County of Philadelphia and the laws of the Commonwealth of Pennsylvania; (e). Operated the vehicle in a reckless and careless manner; which Defendant should have known was unsafe; (f) Failed to keep a proper look out; (g) Failed to properly remove and/or place Plaintiff into and/or from its Ease HD: ARMS vehicle without causing serious personal injuries to Plaintiff; (h) Was otherwise negligent and reckless as a matter of law. @ Failing as a common carrier to provide for the safety of its business invitees; a Failing to properly supervise and monitor the conduct of Defendants’ duly authorized agents, servants, workmen and employees; «&) Willful, wanton and reckless conduct with a conscious indifference to the safety of business invitees, including Plaintiff; and a Such other acts and omissions by Defendants constituting negligence as may be ascertained during the course of discovery provided by the Pennsylvania Rules of Civil Procedure. 16. As the result of the aforementioned negligent conduct, Defendants are liable to Plaintiff in an amount in excess of $50,000.00. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in an amount in excess of $50,000.00, together with interest, costs of suit and attorney's fees. LAW OFFICES OF ROBERT F. STRANICK J BY; 7 (Pore F. STRANICK. Gase 1B: $2030.55 VE) TION I, ROBERT F. STRANICK, attorney for Plaintiff, Kevin Murphy hereby certify that the facts contained herein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ZI (Ropent F, STRANICK pated: J - 5-4 2tO Carel) :2eRIOoROs EXHIBIT “B” LAW OFFICES OF ROBERT F, STRANICK BY: ROBERTF. STRANICK LD. NO 57777 334 W. Front Street Media, PA 19063 (610) 566-2489 IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY, PA CIVIL ACTION - LAW KEVIN MURPHY No 336 Sunnybrook Road Springfield, PA 19064 Plaintiff H. State Farm Automobile Insurance Company : One State Farm Plaza Bloomington, IL 61710 Defendant NOTICE You have been sued in court. If you wish to defend against the clalms set forth in the following pages, you must take action within twenty (20) days after this compiaint and notice are served, by entering a written appaarance personally or by attorney end filing in writing with the court your defenses or objectione to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notica for any money claimed in the complaint or for ‘any other claim or relief requested by the plaintiff, You may lose money or property or other rights Important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFIGE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ASLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Philadeiphia Bar Association Lawyer Referral and Information Service One Reading Center Philadelphia, Pennsylvania 19107 Telephone: (215} 238-1701 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse da estas demandas expuestas en las paginas siguientes, usted bene velnte (20) dias de plazo al partir de la fecha de la demanda y Ia notificacion. Hace falta asenlar una comparencia escrita o en persona ‘9 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defienda, ta corte lomara madidas y puede continuar la demanda en conira suya sin previo aviso 9 notificacion. Usted Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta dermenda, puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA © LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociacion De Licenciados De Filadellia Servicio Da Relerencia E Informacion Legal One Reading Center Filadellia, Pennsylvania 19107 Telefono: (215) 238-1701 LAW OFFICES OF ROBERT F. STRANICK BY: ROBERTF. STRANICK 1.D. NO 57777 334 W. Front Street Media, PA 19063 (610) 566-2489 IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY, PA CIVIL ACTION —- LAW KEVIN MURPHY No. 336 Sunnybrook Road Springfield, PA 19064 Plaintiff I State Farm Automobile Insurance Company’: One State Farm Plaza Bloomington, IL 61710 Defendant COMPLAINT — BREACH OF CONTRACT —1C€ THE PARTIES 1 Plaintiff, Kevin Murphy is an adult individual and citizen of the Commonwealth of Pennsylvania, who, at all times relevant hereto, resides at 336 Sunnybrook Road, Springfield PA 19064. 2 State Farm Mutual Automobile Insurance Company (hereinafter referred to as “State Farm”) is, upon information and belief, is a corporation or other entity under and by virtue of the laws of the State of Illinois with its principal place of business located at One State Farm Drive, Bloomington, IL 61710. OPERATIVE FACTS 3 At all times relevant hereto, Plaintiff, Kevin Murphy, was a named insured under an automobile insurance policy with State Farm, policy number 321 6038-E10-38D, which provided $75,000.00 in Underinsured Motorist benefits. Said State Farm policy declaration sheet is attached hereto as Exhibit “A”. 4 Atall times relevant hereto, Plaintiff, Kevin Murphy, resided with his parents, John and Veronica Murphy, and as such, is an insured under his parents State Farm policy number 185 2502-C03-38B. The aforesaid policy provides $125,000.00 in Uninsured Motorist benefits. Said State Farm policy declaration sheet is attached hereto marked as Exhibit “B”. 5 Accordingly, Plaintiff, Kevin Murphy has available to him $200,000.00 in Underinsured Motorist benefits with State Farm. 6 Upon information and belief, State Farm is in possession of an actual, certified copies of the State Farm policies at issue. 7. On or about September 28, 2018, Plaintiff, Kevin Murphy, while exercising due care and caution for his safety, was waiting to be transported into an ambulance owned and operated by Stat Medical Transport, LLC, 740 Burmont Road, Rear, Drexel Hill, PA 19026. 8. On the aforesaid date, suddenly and without warning the back lift gate of the Stat Medical Transport vehicle was lowered by the Stat Medical driver onto Mr. Murphy’s left foot, thereby causing severe and permanent injuries, the details of which are specifically set forth in below, 9 The aforesaid accident was caused solely and exclusively by the wrongful and liability producing conduct of Stat Medical Transport, its agents, servants and employees, as hereinafter more fully set forth and was to in any manner whatsoever to any act or failure to act on part of Plaintiff, Kevin Murphy. 10. As a proximate result of the accident described above, Plaintiff, Kevin Murphy sustained serious, painful, grievous and permanent physical injuries, including injuries to left sustained serious, painful, grievous and permanent physical injuries, including injuries to left foot and toes, 11. As a further result of the wrongful conduct of the Stat Medical Transport, Plaintiff has been obliged to expend various and diverse sums of money for medicine and medical care and treatment in and about an effort to cure himself of the injuries he has sustained. 12. As a further result of the wrongful conduct of the Stat Medical Transport Plaintiff has suffered a loss and depreciation of his earnings and earning capacity. 13. As a further result of the wrongful conduct of the Stat Medical Transport, Plaintiff has undergone great physical pain and mental anguish, as well as embarrassment and humiliation and will continue to endure same for an indefinite time in the future to his great detriment and loss. 14, Asa further result of the wrongful conduct of the Stat Medical Transport, Plaintiff has suffered extreme inconvenience and has been unable to attend to his day-to-day activities. Plaintiff has been deprived of life’s pleasures and will continue to suffer such deprivation for an indefinite time in the future. 15. On or about September 3, 2020 Plaintiff initiated suit against Defendant, Stat Medical Transport in the Court of Common Pleas of Philadelphia County. A true and correct copy of said Complaint is attached hereto marked as Exhibit “C”. 16. Stat Medical Transport challenged the venue of Plaintiff’s action in Philadelphia County through Preliminary Objections and the matter was ultimately transferred to the Court of Common Pleas of Delaware County, Docket No. 21-6845. PENNSYLVANIA GUARANTEE ASSOCIATION 17, At all times relevant hereto, Stat Medical Transport was insured under a liability 18. On or about August 11, 2020, the aforesaid insurance company went into liquidation and Plaintiff’s claim was thereafter assigned to the Pennsylvania Property and Casualty Insurance Guarantee Association, 40 PS §991.1801 ef seg. 19. Pursuant to 40 PS §991.1817(a), Plaintiff, Kevin Murphy is required to exhaust all available insurance coverage including any and all Uninsured Motorist Coverage prior to proceeding against Stat Medical Transport. COUNT I BREACH OF CONTRACT KEVIN MURPHY V. STATE FARM 20. Plaintiff hereby incorporates by reference all of the allegations contained in paragraphs 1 through 19 above as though fully set forth herein at length. 21. Plaintiff, Kevin Murphy, at all times material hereto is an insured under the State Farm polices of insurance referenced above. 22. Plaintiff has complied with all policy provisions and conditions, precedent that entitled him to UM benefits under the State Farm policy. 23. State Farm has breached its contract of insurance with its insured, Kevin Murphy by inter alia failing to properly compensate Mr. Murphy for his injuries. 24. State Farm breached its contract of insurance with its insured, Kevin Murphy by inter alia failing to properly evaluate his claim, investigate his claim, and pay the UM policy limits. 25. State breached its duty of good faith and fair dealing in the administration of its contract of insurance. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in an amount in excess of $50,000.00, together with interest, costs of suit and attorney's fees. 'S OF ROBERT F. STRANICK L. Se LAW OFFI BY. ROBERT F. STRANICK EXHIBIT “C” IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY CIVIL ACTION - LAW KEVIN MURPHY March Term, 2022, No. 000169 Vv STATE FARM AUTOMOBILE INSURANCE COMPANY IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY CIVIL ACTION - LAW KEVIN MURPHY ¥. No CV-2021-006690 STAT MEDICAL TRANSPORT, LLC QRDER AND NOW, on this day of ; 2022 and upon consideration of Plaintiff's, Motion for Consolidation and all responses thereto, it is hereby ORDERED and DECREED that the above-captioned matters are consolidated for purposes of pre-trial discovery and trial and will proceed under the deadlines prescribed for the matter of Kevin Murphy v. State Farm Automobile Insurance Company, March Term, 2022, No. 000169. BY THE COURT: LAW OFFICES OF ROBERT F, STRANICK BY: ROBERT F. STRANICK LD. NO 57777 334 W. Front Street Media, PA 19063 (610) 566-2489 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY CIVIL ACTION — LAW KEVIN MURPHY March Term, 2022, No. 000169 Vv. STATE FARM AUTOMOBILE INSURANCE COMPANY IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY CIVIL ACTION ~ LAW KEVIN MURPHY ¥. : No CV-2021-006690 STAT MEDICAL TRANSPORT, LLC PLAINTIFF’S MOTION FOR CONSOLIDATION Plaintiff, Kevin Murphy, (hereinafter “Moving Plaintiff’) by and through his attomeys, Black, Stranick & Cella, P.C., hereby moves this Honorable Court to enter an order granting moving Plaintiffs Motion for Consolidation, and in support thereof, avers as follows: 1 On September 3, 2020, plaintiff, Kevin Murphy, filed a complaint against defendant, Stat Medical Transport in the Philadelphia Court of Common Pleas. (A true and correct Copy of said complaint has been attached hereto and marked as Exhibit “A”). 2 On or about August 5, 2021, this matter was transferred to the Delaware County Court of Common Pleas, Civil Action number 21-6690. 3 On or about March 1, 2022, plaintiff, Kevin Murphy filed a complaint against Defendant, State Farm Automobile Insurance Company, in the Philadelphia Court of Common Pleas, March Term, 2022, No. 000169. (A true and correct Copy of said Complaint has been attached hereto and marked as Exhibit “B”). 4 Both of these complaints were based on a motor vehicle accident that occurred on September 28, 2018. 5. Defendant, State Farm Automobile Insurance Company is the Uninsured Motorist carrier for Plaintiff, Kevin Murphy. 6 As these matters relate to same accident that occurred on September 18, 2018, these matters should be consolidated. 7 The consolidation of these actions will not prejudice any substantial right of any party to the actions and it will avoid unnecessary costs and delays in that both cases can be presented to the Court. 8 Moreover, the consolidation of these actions will permit for their resolution in the most efficient and expeditious manner, without wasting the Court’s resources. 9 Pursuant to Pa.R.C.P. 213(a), the Court may order a joint trial of actions involving a common question of law or fact. 10. The above-captioned matters arise out of the same incident and involve common questions of law and fact which are pending before the Court. WHEREFORE, Moving Plaintiff, respectfully requests that this Honorable Court enter the proposed Order attached herewith consolidating these three actions. LAW OFFI ‘S OF ROBERT F, STRANICK BY: bia / ROBERT F. STRANICK Attorney for Moving Plaintiff LAW OFFICES OF ROBERT F. STRANICK BY: ROBERT F. STRANICK LD. NO 57777 334 W. Front Street Media, PA 19063 (610) 566-2489 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, PHILADELPHIA COUNTY CIVIL ACTION - LAW KEVIN MURPHY March Term, 2022, No. 000169 v. STATE FARM AUTOMOBILE INSURANCE COMPANY IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY CIVIL ACTION - LAW KEVIN MURPHY Vv. No CV-2021-006690 STAT MEDICAL TRANSPORT, LLC MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CONSOLIDATION Pennsylvania Rule of Civil Procedure 213(a) states as follows: In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court, on its own motion or on the motion of any party may order a joint hearing or trial of any matter and issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay. The above-captioned matters arise out of the same incident, involve the same Plaintiff and common questions of law and fact which are pending before this Honorable Court. The consolidation of these actions is in the best interests of all parties. Failure to consolidate these actions would result in unnecessary and duplicative litigation as well as raising the possibility of inconsistent verdicts. Furthermore, the consolidation of these two actions will not prejudice the rights of any of the parties involved. WHEREFORE, Moving Plaintiff, respectfully requests that this Honorable Court enter the proposed Order attached herewith consolidating these two actions. L FIQES OF ROBERT F, STRANICK oP BY: / ROBERT F, STRANICK VERIFICATION ROBERT F. STRANICK, ESQUIRE, verifies that he is the attorney for Moving Plaintiff, Kevin Murphy, in these actions, and that the facts sct forth in the foregoing Motion for Consolidation and supporting Memorandum of Law are true and correct to the best of his information, knowledge and belief. It is understood that this statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. So is F. STRANICK JfROBERT EXHIBIT “D” IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KEVIN MURPHY : Case No. 2:22-cv-01301 v. STATE FARM AUTOMOBILE INSURANCE COMPANY ORDER AND NOW, this day of , 2022, upon consideration of Plaintiff Kevin Murphy’s Motion to Remand and any response in opposition thereto, IT IS HEREBY ORDERED that Plaintiff's Motion to Remand is GRANTED, It is further ORDERED that this action is remanded to the Court of Common Pleas of Philadelphia County. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KEVIN MURPHY Case No. 2:22-cv-01301 v. STATE FARM AUTOMOBILE INSURANCE COMPANY PLAINTIFF KEVIN MURPHY’S MOTION FOR REMAND TO THE PHILADELPHIA COURT OF COMMON PLEAS Plaintiff, Kevin Murphy, files this Motion to Remand the immediate case to the Philadelphia Court of Common Pleas, which was removed by Defendant State Farm Automobile Insurance Company (hereinafter referred to as “State Farm”) on the basis of diversity of the citizenship of the parties and in support thereof, avers as follows: 1 Plaintiff, Kevin Murphy is an adult individual and citizen of the Commonwealth of Pennsylvania, who, at all times relevant hereto, resides at 336 Sunnybrook Road, Springfield, PA 19064. 2. State Farm Mutual Automobile Insurance Company (hereinafter referred to as “State Farm”) is, upon information and belief, is a corporation or other entity under and by virtue of the laws of the State of Illinois with its principal place of business located at One State Farm Drive, Bloomington, IL 61710. 3 At all times relevant hereto, Plaintiff, Kevin Murphy, was a named insured under an automobile insurance policy with State Farm, policy number 321 6038-E10-38D, which provided $75,000.00 in Underinsured Motorist benefits. Said State Farm policy declaration sheet is attached hereto as Exhibit “A”. 4 At all times relevant hereto, Plaintiff, Kevin Murphy, resided with his parents, John and Veronica Murphy, and as such, is an insured under his parents State Farm policy numbers 185 2502-C03-38B and 178 4446-D29-38C. The aforesaid policy provides $125,000.00 in Uninsured Motorist benefits. Said State Farm policy declaration sheets are attached hereto collectively marked as Exhibit “B”. 5 Accordingly, Plaintiff, Kevin Murphy has available to him $200,000.00 in Underinsured Motorist benefits with State Farm. 6. On or about September 28, 2018, Plaintiff, Kevin Murphy, while exercising due care and caution for his safety, was waiting to be transported into an ambulance owned and operated by Stat Medical Transport, LLC, 740 Burmont Road, Rear, Drexel Hill, PA 19026. 7 On the aforesaid date, suddenly and without warning the back lift gate of the Stat Medical Transport vehicle was lowered by the Stat Medical driver onto Mr. Murphy’s left foot, thereby causing severe and permanent injuries, the details of which are specifically set forth in below. 8 The aforesaid accident was caused solely and exclusively by the wrongful and liability producing conduct of Stat Medical Transport, its agents, servants and employees, as hereinafter more fully set forth and was to in any manner whatsoever to any act or failure to act on part of Plaintiff, Kevin Murphy. 9 As a proximate result of the accident described above, Plaintiff, Kevin Murphy sustained serious, painful, grievous and permanent physical injuries, including injuries to left foot and toes. 10. On or about September 3, 2020 Plaintiff initiated suit against Defendant, Stat Medical Transport in the Court of Common Pleas of Philadelphia County. A true and correct copy of said Complaint is attached hereto marked as Exhibit “C”. 11. Stat Medical Transport challenged the venue of Plaintiff's action in Philadelphia County through Preliminary Objections and the matter was ultimately transferred to the Court of Common Pleas of Delaware County, Docket No. 21-6690. 12, At all times relevant hereto, Stat Medical Transport was insured under a liability policy issued by the American Country Insurance Company. 13. On or about August 11, 2020, the aforesaid insurance company went into liquidation and Plaintiff’s claim was thereafter assigned to the Pennsylvania Property and Casualty Insurance Guarantee Association. 40 PS §991.1801 ef seg. 14, Pursuant to 40 PS §991.1817(a), Plaintiff, Kevin Murphy is required to exhaust all available insurance coverage including any and all Uninsured Motorist Coverage prior to proceeding against Stat Medical Transport. 15. On or about March 1, 2022 Plaintiff filed his Complaint for Uninsured Motorist benefits against Defendant State Farm in the Philadelphia Court of Common Pleas. A true and correct copy of said Complaint is attached hereto marked as Exhibit “D”. 16. On or about March 24, 2022, on the basis that both the actions against Stat Medical and the action against State Farm arise from the same operative facts, Plaintiff filed Motion to Consolidate and/or coordinate both cases in the Court of Common Pleas of Philadelphia County. A true and correct copy of said Motion is attached hercto marked as Exhibit “E”. 17. Before the Court of Common Pleas of Philadelphia made a ruling on Plaintiff's Motion to Consolidate and/or coordinate the third part and Uninsured Motorist cases, Defendant State Farm, despite and full and complete knowledge of both the underlying third party action and Plaintiffs Motion to Consolidate, filed a Petition to remove the Plaintiffs claim against State Farm to the United States District Court for the Eastern District of Pennsylvania on or about April 5, 2022. 18. It is respectfully submitted that should both the third party and UM actions should be consolidated, as such that the diversity of citizenship would no longer exist and this matter must be remanded back to the Philadelphia Court of Common Pleas for further consideration of Plaintiffs Motion to Consolidate. 19. As the Third Circuit unambiguously set forth in Batoff v. State Farm Insurance Company, 977 F.2d, 848 (3d Cir. 1992) there is a “[hJeavy burden of persuasion” a removing defendant must meet in order to establish fraudulent joinder, and further holds that removal statutes are to be “[s]trictly construed against removal and all doubts should be resolved in favor of remand:” A district court must consider a number settled precepts in ruling on a petition to remand a case to state court for lack of diversity jurisdiction. When a non-diverse party has been joined as a defendant, then in the absence of a substantial federal question the removing defendant may avoid remand only by demonstrating that the non-diverse party was fraudulently joined. But the removing party carries a “heavy burden of persuasion” in making this showing Steel Valley Author v. Union Switch & Signal Div., 809 F.2d 1006, 1012 n. 6 (3d Cir. 1987), cert. dismissed. 484 U.S, 1021, 108 S.Ct. 739, 98 L.Ed. 2d 756 (1988); see also Boyer vy. Snap-On Tools Corp., 913 F.2d 108, 111 (3d Cir. 1990), cert. denied, 112 L.Ed. 2d 1046, 111 S.Ct, 959 (1991). It is logical that it should have this burden, for removal statutes, “are to be strictly construed against removal and all doubts should be resolved in favor of remand.” Steel Valley,, 809 F.2d at 1010 (citing Abels v. State Farm Fire & Casualty Co., 770 F.2d 26, 29 (3d Cir. 1985)). Id, at 851 20. Batoff holds that if there is “[e]ven a possibility” that a Complaint states a cause of action against a resident defendant, a district court “[mJust find that joinder was proper and remand the case to state court”: Joinder is fraudulent “where there is no reasonable basis in fact or colorable ground supporting the claim against the joined defendant, or no real intention in good faith to prosecute the action against the defendants or seck a joint judgment. Boyer, 913 F.2d at 111 (quoting Abels, 770 F.2d at 32). But “if there is even a possibility that a state court would find that the complaint states a cause of action against any one of the resident defendants, the federal court must find that joinder was proper and remand the case to state court”” Boyer, 913 F.2d (quoting Coker vy. Amoco Oil Co., 709 F.2d 1433, 1440-41 (11" cir. 1983)) Id. at 851. 21. The Third Circuit additionally holds that a district court, when evaluating a case that was removed for the purported reason of fraudulent joinder, “[m]ust assume as true all factual allegations of the complaint” and “[rJesolve any uncertainties as to the current state of controlling substantive law in favor of plaintiff”: In evaluating the alleged fraud....the district court must assume as true all factual allegations of the complaint.” Steel Vall , 809 F.2d at 1010 (citation omitted). It also must “resolve any uncertainties as to the correct state of controlling substantive law in favor of the plaintiff.” Boyer, 913 F.2d at 111. Id, at 851. 22. Finaily, the Third Circuit makes clear that even a claim would not survive a Fed. R.C.P, 12(b)(5) motion to dismiss, such a finding does not mean that a party was fraudulently joined for purposes of a removal/remand: (T]he inquiry into the validity of a complaint triggered by a motion to dismiss under Rule 12(b)(6) is more searching than that permissible when a party makes a claim of fraudulent joinder. Therefore, it is possible that a party is not fraudulently joined, but that the claim against that party ultimately dismissed for failure to state a claim upon which relief may be granted. Accordingly, the district court erred in converting its jurisdictional inquiry into a motion to dismiss. Id. at 852. 23. Accordingly, the Third Circuit has made it abundantly clear that unless a plaintiff alleged claims against a resident defendant that had no conceivable, possible merit, a motion to remand must be granted. Obviously, Plaintiff has more than met the Batoff standard, as his claims against the Defendant are well-founded and do not offend any recognized legal contract or prima facie pleading standard. 24, Thus, for all the aforementioned reasons, Plaintiff respectfully requests that this Honorable Court remand this case to the Philadelphia Court of Common Pleas. WHEREFORE, Plaintiff hereby demands that his motion be granted and that this matter be remanded to the Philadelphia Court of Common Pleas. Respectfully submitted, LAW V OFFI S OF ROBERT F. STRANICK DATE: Aprii 13, 2022 (, fl-2 SBE / ROBERT F. STRANICK. CERTIFICATE OF SERVICE I do hereby certify that service of a true and correct copy of the Motion for Remand and supporting Memorandum of Law on behalf of Plaintiff, Kevin Murphy, was served on counsel listed below by electronic filing on April 13, 2022. Katherine Cole Douglas, Esquire Bennett, Bricklin & Saltzburg, LLC Centre Square, West Tower 1500 Market Street, 32"! Floor Philadelphia,