Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lopez v. Pennsylvania Tool Sales & Service, Inc.

United States District Court, D. South Carolina, Columbia Division

September 5, 2019

Donaji Cruz Lopez, Plaintiff,
v.
Pennsylvania Tool Sales & Service, Inc., Defendant.

          ORDER

         This action arises from a motor vehicle collision on January 11, 2018. (ECF No. 1 at 2 ¶ 5.) The matters before the court are Plaintiff's Motion for Damages Hearing and Motion for Default Judgment. (ECF No. 12.) On March 6, 2019, the clerk of court made entry of default as to Defendant Pennsylvania Tool Sales & Service, Inc. (“Defendant Pennsylvania Tool”) (ECF No. 11.) On the same day, Plaintiff filed a Motion for Damages Hearing and Default Judgment. (ECF No. 12.) The court held a hearing to determine the appropriate amount of damages on June 21, 2019. (ECF No. 17.) However, Defendant Pennsylvania Tool did not appear.

         The court has subject matter jurisdiction over Plaintiff's claims based on diversity of citizenship. See 28 U.S.C. § 1332(a)(1). Plaintiff is a resident of Lexington County, South Carolina. (ECF No. 1 at 1.) Defendant Pennsylvania Tool is a foreign corporation organized and existing under the laws of a state other than the State of South Carolina. (ECF No. 1 at ¶ 2.) In her Complaint, Plaintiff claims damages in excess of $75, 000.00. Thus, the court is satisfied that Plaintiff has met the jurisdictional requirements in Section 1332(a)(1).

         Venue is proper under 28 U.S.C. § 1391(b)(2) and Local Civil Rule 3.01(A)(1) (D.S.C.) because a substantial part of the events or omissions giving rise to Plaintiff's claims occurred in the Columbia Division of the United States District Court for the District of South Carolina.

         Plaintiff brings this negligence action against Defendant Pennsylvania Tool based on a motor vehicle collision that occurred in Lexington County, South Carolina. Plaintiff presented evidence regarding the injuries and damages that she sustained as a result of the collision. Plaintiff offered thirteen (13) exhibits into evidence, including affidavits from Robbie Schadewald, Plaintiff's previous employer, Dr. Jason Highsmith, one of Plaintiff's treating providers, and Dr. Charles Alford, an economist who provided reports related to Plaintiff's lost income and future medical expenses. Plaintiff and her husband, Saturnino Zepeda, were also present at the hearing and gave testimony regarding the injuries she suffered because of the collision and how her injuries have affected her life.

         Having considered the pleadings, evidence, and arguments, the court issues the following Findings of Fact and Conclusions of Law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. To the extent any findings of fact constitute conclusions of law, they are adopted as such; to the extent any conclusions of law constitute findings of fact, they are so adopted.

         I. FINDINGS OF FACT

         A. Parties

         1. Plaintiff is a resident of Lexington County, South Carolina. She is 31 years old. (ECF No. 1 at ¶ 1.)

         2. Defendant Pennsylvania Tool is a foreign corporation organized and existing under the laws of a state other than the State of South Carolina. Defendant Pennsylvania Tool transacts business in South Carolina and is registered to do business in this State. (ECF No. 1 at ¶ 2.)

         3. The vehicle involved in the collision with Plaintiff was a commercial vehicle owned by, and driven on behalf of, Defendant Pennsylvania Tool. (ECF No. 1 at ¶ 7.)

         B. Collision

         4. This motor vehicle collision occurred in Lexington County, South Carolina. (ECF No. 1 at ¶ 5.)

         5. On January 11, 2018, Plaintiff was lawfully driving her Toyota Camry on US-21/Charleston Highway in a northbound direction. (ECF No. 1 at ¶ 6.)

         6. A commercial vehicle owned by, and driven on behalf of, Defendant Pennsylvania Tool was also traveling on US-21/Charleston Highway in a northbound direction. (ECF No. 1 at ¶ 7.)

         7. In preparing to make a left-hand turn, Plaintiff put on her turn signal and slowed down. Because of traffic on Charleston Highway that day, she had to come to a stop on the Highway.

         8. The driver of the commercial vehicle owned by Defendant Pennsylvania Tool (“PTSS Driver”) was driving too fast for conditions and struck the rear of Plaintiff's vehicle. (ECF No. 18-12 at 1.)

         9. Plaintiff was unable to get out of her car without assistance. She borrowed a phone to call her family.

         10. The force of the collision was violent and significant, resulting in substantial property damage to Plaintiff's vehicle as depicted in the photographs presented to the court. (ECF No. 18-11.)

         11. Plaintiff did not cause or contribute to the collision in any manner, and further, she had no ability to avoid or prevent the collision. (ECF No. 18-12 at 1.)

         12. PTSS Driver breached his common law and statutory duties to other drivers on the highway, including Plaintiff. PTSS driver was negligent, negligent per se, and grossly negligent in causing the collision.

         13. PTSS Driver was acting in the course and scope of his employment with Defendant Pennsylvania Tool at the time of the collision, and therefore, Defendant Pennsylvania Tool is liable to Plaintiff for his negligence. (ECF Nos. 1 at ¶ 7; 18-12); Lane v. Modern Music, Inc., 136 S.E.2d 713, 716 (1964).

         14. Plaintiff suffered bodily injuries as a direct and proximate result of Defendant Pennsylvania Tool's vehicle colliding with her vehicle.

         15. The court finds that Plaintiff's allegations, taken as true, establish Defendant Pennsylvania Tool's liability for Plaintiff's injuries.

         C. Injuries and Medical Treatment

         16. Immediately following the collision, Lexington County Emergency Medical Services took her to Lexington Medical Center by ambulance. The emergency room performed several diagnostic ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.