Respondent, and (3) that the complaint involves alleged injuries and a claim for damages, and that a personal injury claim is not within the jurisdiction Commission’s In its Preliminary Objections, Maroadi asserts that (1) the Complainant was not the party to any transportation contract and, therefore, lacks standing to complain to the Commission on the basis of a contract between Ms. Drago and the moving company, (2) the complaint shows that the Respondent was only a booking agent and was not involved in the loading or transporting of the shipment, (3) the Complainant filed no liability claim with the Respondent, and (4) that the only allegation by the Complainant that could constitute a possible claim, if one had been filed, alleges a personal injury to the Complainant, for which recovery would be beyond the jurisdiction. Commission’s On June 10, 2016, the Complainant filed a response to the Answer Respondent’s and New Matter. The Complainant alleges that the Answer was filed untimely and Respondent’s variously disputes the factual averments set forth in the Answer and New Matter. Respondent’s On June 1, 2016, the matter was assigned to me by Motion Judge Assignment Notice. The matter is now ripe for decision. For the reasons stated below, I will deny the Preliminary Objections and direct that a hearing be scheduled. DISCUSSION As noted, the Complainant requests that the Commission (1) conduct a punitive comprehensive audit of the Respondent, (2) suspend the certificate of operating Respondent’s authority, (3) compel the Respondent to produce any and all insurance records, policies, and binders, including any and all communications regarding the complaint from December 2014 through the present, (4) sanction the Respondent and its counsel, and (5) grant any other relief that the Commission deems fair and just.
Respondent, and (3) that the complaint involves alleged injuries and a claim for damages, and that a personal injury claim is not within the Commission’s jurisdiction In its Preliminary Objections, Maroadi asserts that (1) the Complainant was not the party to any transportation contract and, therefore, lacks standing to complain to the Commission on the basis of a contract between Ms. Drago and the moving company, (2) the complaint shows that the Respondent was only a booking agent and was not involved in the loading or transporting of the shipment, (3) the Complainant filed no liability claim with the Respondent, and (4) that the only allegation by the Complainant that could constitute a possible claim, if one had been filed, alleges a personal injury to the Complainant, for which recovery would be beyond the Commission’s jurisdiction. On June 10, 2016, the Complainant filed a response to the Respondent’s Answer and New Matter. The Complainant alleges that the Respondent’s Answer was filed untimely and variously disputes the factual averments set forth in the Respondent’s Answer and New Matter. On June 1, 2016, the matter was assigned to me by Motion Judge Assignment Notice. The matter is now ripe for decision. For the reasons stated below, I will deny the Preliminary Objections and direct that a hearing be scheduled. DISCUSSION As noted, the Complainant requests that the Commission (1) conduct a punitive comprehensive audit of the Respondent, (2) suspend the Respondent’s certificate of operating authority, (3) compel the Respondent to produce any and all insurance records, policies, and binders, including any and all communications regarding the complaint from December 2014 through the present, (4) sanction the Respondent and its counsel, and (5) grant any other relief that the Commission deems fair and just.
1455787.docx