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Attorney says lawsuit against West Penn Twp. discontinued

A lawsuit against West Penn Township has been discontinued.

Attorney John Kotsatos, who represents the residents who filed the lawsuit in Schuylkill County Court, said the document was filed to discontinue the lawsuit.The lawsuit was initiated in August.Kotsatos said in October, a water tanker truck destroyed the guide rail at the intersection of Route 309 and Blue Mountain Drive.Additionally, he said water tanker trucks were turning/crossing over both lanes of 309 at the same intersection, were crossing over the oncoming traffic lane, and doing so on a road shared by school buses.Kotsatos said the township was notified, but, “did absolutely nothing to stop, curb, monitor or even streamline the water tanker truck traffic in the interests of safety. The township turned willfully blind.”“In light of the township’s willful blindness and deliberate indifference to the aforementioned events and to the concerns of its own residents, the Writ of Summons was procedurally withdrawn so the events and behavior could be encompassed into a cause of action,” he said.Essentially, the writ was withdrawn under the court’s rules so the October incident could be the cause of action.Kotsatos said he plans to meet with the residents “to formulate a new cause of action (complaint),” to file the lawsuit again, this time with the Oct. 8 incident as the cause of action.“Based on what the residents convey to me, we will make a decision if the case will be filed in Schuylkill County or filed in federal court,” he said.