R
Ravenquill
Guest
Is the Sub-contractor solely Liable?
( Plaintiff: PA Resident ( me ) )
( Defendant/s: Texas Eastern Transmission Corp. ( Pipeline in PA ) ( div. of Duke Energy ( Texas ), and company they subcontracted with: Penn Line Co./ Scott Service Corp. ( both in PA )
Texas Eastern contracted with Penn Line Co. to do 'brush cutting' related to Pipeline, in Mobile Home Park/adjacent properties where I live ( PA ). Have property rights agreement with Landowner ( my landlord, owner of Park ). Penn Line had Scott Service Corporation ( they own ) come with piece of equipment to do cutting along forest edge, Park property and other private property. Someone from Texas Eastern was present, on T. 10/16/01. Texas Eastern employee approached me when I was in my driveway, and told me that they ( TE ) were doing some 'trimming'. No prior notice to residents, and landlord was also NOT informed that they would be doing trimming in the Park ( although he knew they were doing some on his nearby property where his home is located. ) Machine looked like a medium sized tractor with a protected cab. It cut and chewed, very loudly, very powerfully, at the forest edge. It sounded like it was literally chewing rocks. I was in my backyard and could both hear and see projectiles being propelled everywhere. Extremely dangerous. My car was parked in my driveway, rear-end facing park driveway Circle. Cutting was beyond Circle and up and across to the right of my driveway. At some point, a projectile ( stone fragment about 2 to 3 inches: sharp, ground, cut in appearance ) went through my rear windshield, making a large hole and shattering the rest of the windshield. Glass filled the car, all the way to the front dashboard. Gouge mark on driveway in back of car, stone appeared to have bounced upward into windshield, and landed in the back seat ( I have stone ). I also have clear Digital photographs of outside and inside of car, stone on seat, glass patterns on driveway, other thrown rocks in Park Circle, and photos of the 'trimmed' areas.
I reported to Texas Eastern. The local crew supervisor notified Penn Line Company, the subcontractor. Man from Penn ( Scott Service ) came out W. morning, shortly after my initial call to Texas Eastern. Penn Line District office called me later in the afternoon. They admit fault.
1) I will submit estimates for window damage, any related damage inside car, landau roof ( if needbe ), and complete Detailing. ( Penn Line refused to give me Claim #, refused to give me their Insurance Carrier info ( although I found out who it is: Zurich out of Baltimore ). They want to pay outright 'small claims', IF they like my estimate, otherwise it goes to their Insurer ( of course!!! )
2) I wish to file for additional reimbursement for Punitive and Compensatory Damages as well, because of the grossly Negligent and Dangerous work, and the careless way it was handled. ( Strict Liability as well as clear Negligence applies. )
( I intend to handle this, directly, myself, no Attorney. ( Am a Paralegal, have done so, successfully, in an Auto Injury Claim myself. Asked for $5,000 in addition to all auto repairs, and got it, almost instantly. ( Very low request, of course. )
?? What kind of range might I ask for in this kind of situation?
?? I realize that Penn Line and their Insurer are responsible to pay the Claim, but can Texas Eastern be held Liable for all or part of my Claim?
Thanks,
Ravenquill
( Plaintiff: PA Resident ( me ) )
( Defendant/s: Texas Eastern Transmission Corp. ( Pipeline in PA ) ( div. of Duke Energy ( Texas ), and company they subcontracted with: Penn Line Co./ Scott Service Corp. ( both in PA )
Texas Eastern contracted with Penn Line Co. to do 'brush cutting' related to Pipeline, in Mobile Home Park/adjacent properties where I live ( PA ). Have property rights agreement with Landowner ( my landlord, owner of Park ). Penn Line had Scott Service Corporation ( they own ) come with piece of equipment to do cutting along forest edge, Park property and other private property. Someone from Texas Eastern was present, on T. 10/16/01. Texas Eastern employee approached me when I was in my driveway, and told me that they ( TE ) were doing some 'trimming'. No prior notice to residents, and landlord was also NOT informed that they would be doing trimming in the Park ( although he knew they were doing some on his nearby property where his home is located. ) Machine looked like a medium sized tractor with a protected cab. It cut and chewed, very loudly, very powerfully, at the forest edge. It sounded like it was literally chewing rocks. I was in my backyard and could both hear and see projectiles being propelled everywhere. Extremely dangerous. My car was parked in my driveway, rear-end facing park driveway Circle. Cutting was beyond Circle and up and across to the right of my driveway. At some point, a projectile ( stone fragment about 2 to 3 inches: sharp, ground, cut in appearance ) went through my rear windshield, making a large hole and shattering the rest of the windshield. Glass filled the car, all the way to the front dashboard. Gouge mark on driveway in back of car, stone appeared to have bounced upward into windshield, and landed in the back seat ( I have stone ). I also have clear Digital photographs of outside and inside of car, stone on seat, glass patterns on driveway, other thrown rocks in Park Circle, and photos of the 'trimmed' areas.
I reported to Texas Eastern. The local crew supervisor notified Penn Line Company, the subcontractor. Man from Penn ( Scott Service ) came out W. morning, shortly after my initial call to Texas Eastern. Penn Line District office called me later in the afternoon. They admit fault.
1) I will submit estimates for window damage, any related damage inside car, landau roof ( if needbe ), and complete Detailing. ( Penn Line refused to give me Claim #, refused to give me their Insurance Carrier info ( although I found out who it is: Zurich out of Baltimore ). They want to pay outright 'small claims', IF they like my estimate, otherwise it goes to their Insurer ( of course!!! )
2) I wish to file for additional reimbursement for Punitive and Compensatory Damages as well, because of the grossly Negligent and Dangerous work, and the careless way it was handled. ( Strict Liability as well as clear Negligence applies. )
( I intend to handle this, directly, myself, no Attorney. ( Am a Paralegal, have done so, successfully, in an Auto Injury Claim myself. Asked for $5,000 in addition to all auto repairs, and got it, almost instantly. ( Very low request, of course. )
?? What kind of range might I ask for in this kind of situation?
?? I realize that Penn Line and their Insurer are responsible to pay the Claim, but can Texas Eastern be held Liable for all or part of my Claim?
Thanks,
Ravenquill
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