In a recent filing, attorneys for Jamar D. Palmer conceded he drank alcohol at Woody’s Bar prior to being involved in a vehicular accident, but denied that he’s liable for any injuries sustained by the victim.
Daniel A. Callaway, an EMT, contends he was severely injured in December 2014 while tending to Palmer’s disabled vehicle on I-95 in Tinicum Township, Delaware County.
Palmer’s vehicle became disabled after he allegedly became intoxicated at Woody’s and drove into an I-95 guardrail.
While Callaway tended to Palmer, a vehicle driven by Corrin R. Collier sideswiped Palmer’s vehicle, pushing it into Callaway.
Callaway’s injuries included a fractured and dislocated pelvis; a fractured right femur, tibula and fibula with insertion of plates and screws; two holes in his bladder; a fractured right knee; a fractured right ankle with insertion of screws; removal of a small piece of colon and resulting colostomy bag; and permanent facial scarring and disfigurement.
Callaway filed suit against Woody’s, Palmer and Collier in Philadelphia Common Pleas Court, seeking more than $50,000 in damages.
In an Aug. 12 filing, attorneys for Palmer admitted that he drank alcohol during the evening hours of December 6, 2014, and early-morning hours of December 7, 2014, prior to the accident.
But they denied that Palmer was speeding or using an electronic device or cell phone immediately before hitting an I-95 guardrail.
“[Palmer] was reaching for his cell phone which had fallen to the floor of the passenger side of his car when his car struck the guardrail,” the filing states.
Attorneys for Palmer conceded that he didn’t have emergency flares or cones in his vehicle, but denied that he failed to summon police in a timely manner.
“It is specifically denied that any of the actions of Jamar Palmer represented intentional and/or willful or wanton and grossly reckless conduct sufficient to form the basis for an award of punitive damages,” attorneys wrote. “If [Collier] sustained injuries and damages as alleged in the complaint, then the injuries and damages were caused by the act, or failure to act, of persons other than [Palmer].”
Palmer, 28, was charged with DUI, careless driving, disregarding a traffic lane and related offenses. His blood-alcohol level was 0.16, which exceeded the legal limit.
The New Castle, Del., resident was placed in a diversionary program as an alternative to jail time, and his license was suspended for two months.
Additionally, Palmer was ordered to perform 64 hours of community service, attend alcohol-safety classes and pay about $2,000 in fines, according to court records.
In a related matter, attorneys for Callaway recently asked that Woody’s be compelled to provide information regarding the incident. According to the Aug. 8 filing, Woody’s lack of cooperation “is prejudicing [Callaway’s] ability to investigate this matter.”
A hearing on the discovery dispute is set for 10 a.m. Aug. 22 in Courtroom 602 of City Hall.