Friday February 5, 2010
A lawsuit brought against Franklin Township in the Bradford County Court of Common Pleas has been dismissed, reports the township’s solicitor, Attorney Chad M. Salsman.
On September 25, 2009, a lawsuit was filed against Franklin Township and other defendants as a result of a fatal accident that occurred in Franklin Township on March 1, 2009. The plaintiff alleged that Franklin Township was liable for wrongful death because the accident occurred on what Plaintiff alleged was a township road. The plaintiff alleged that the design and/or maintenance of the road contributed to the accident. The plaintiff sued Franklin Township for an amount in excess of $50,000.
Salsman filed preliminary objections to the lawsuit, raising the defense that the road on which the accident occurred was not owned or maintained by Franklin Township, but rather was a state road owned and maintained by PennDOT. Salsman asked the court to dismiss the lawsuit against Franklin Township, claiming that there was no legal basis to sue the township.
Upon agreement of the parties, the court agreed and Judge Maureen Beirne ordered all counts against Franklin Township to be dismissed.
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