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HomeMy WebLinkAbout96-01562 .~ .j I , f I , ~ ! '\- ~ ~ J ) (J i'i ~ ~/ I ~ 0- i ..si 1"'- I i , I ~ I , ! i \ I I \ \, 1"- ~ , ... TRACY CHRONISTER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION : : NO. 96-1562 Civil Term GIANT FOOD STORES, INC. , Defendant . JURY TRIAL DEMANDED . PRAECIPE TO DISCONTINUE Please mark the above-captioned matter settled, ended, and satistied. Respectfully SUbmitted, ANGINO , ROVNER, P.C. Dat.d, ,Ure/f/17 HI HAE 1. D. 58803 4503 North Front Harrisburg, PA 17 (717) 238-6791 Attorneys for Plaintiff 112276/JKW ~ ~ csaTIrICATB or asaVICs I, Jessie K. Walsh, an employee of the law firm of Anglno , Rovner, P.C., hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue was served upon the fOllowing c"r:' person by first-class United states mail, postage prepaid on ~ day of ('Ie. ',r . , 1997, as follows: George Faller, Jr., Esquire Martson, Deardorff, Williams' otto Ten East High street Carlisle, PA 17013 . r\ I ' i ' - " . I C(/L' k4t . Jessie K. Walsh ' '-- ".. N C~ c: -" , ~~ ..:r ,... ( "'!o' <; , '.I 0.. .:.i 1-, '. ' CT' .;..z JC~ I I ; eE': ' >- .(;1 ~. .....1. ;t\,. :.-.t: ""- ..... :~j Q r.J"l U - ..-- TRACY CHRONISTER, . IN THE COURT OF COMMON PLEAS . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION : (/ ~ 1'J (,- ), (I) Ii, C~i I. NO. ll'\... GIANT FOOD STORES, INC. , . . Defendant . JURY TRIAL DEMANDED . NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend agai~st the claims set forth in the followinq pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and tiling in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you tail to do 80 the case may proceed without you and a judqment may be entered aqainst you by the Court without turther notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other riqhts important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator CUmberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 n46l1u, TRACY CHRONISTER, I IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. : CIVIL ACTION I I NO. GIANT rOOD STORES, INC., : Defendant JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere detenderse de estas demandas expuestas en laa paginaa aiquientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificaoion. Usted debe presentar una aparienoia escrita 0 en persona 0 por abogado y archivar en la corte en foraa e8crit~ sus defensas 0 sua objectiones alas demandas en contra de su persona. Sea aviaado que si usted no ae defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechoe importantes para usted. LLEVE ESTA DEMANDA A UN ASODAGO INMEDIATAMENTA. SI NO TIDE ASODAGO 0 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR T~ SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION 5E ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR CONDE SE PUEDE CONSEGUIR ASISTENCIA LEG~. Court Administrator cumberland County Courthou~e Fourth Floor carlisle, PA 17013 (717) 240-6200 TRACY CHRONISTER, . IN THE COURT OF COMMON PLEAS . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION . 1 NO. 'n . / l~" .L {~/_.dT...__ GIANT FOOD STORES, INC., 1 Defendant 1 JURY TRIAL DEMANDED COJ(l'LAIRT 1. Plaintiff, Tracy Chronister, is an adult individual residinq at 486 Pondtown Road, Dillsburq, Adams County, Pennsylvania. 3. Defendant, Giant Food Stores, Ino., is a Delaware corporation registered in Pennsylvania, with a business address of 1149 Harrisburg Pike, Carlisle, CUmberland County, Pennsylvania. 3. Defendant, Giant Food Stores, Ino., regularly oonducts business and maintains a grocery etore in Dillsburg, York County, Pennsylvania. 4. All of the facts and occurrences hereinafter related took place on or about August 18, 1995 at approximately 3130 p.m. inside the Giant Food Store referenced above. 5. At that time and place, Plaintiff, Tracy Chronister, was a business invitee of Defendant, shopping for grooeries, Which included three 40 ounce bottles of the Defendant's own brand "Ultra" concentrated laundry deterqent. 6. Plaintiff, Tracy Chronister, was not aware at any tiae that any of the laundry detergent bottles she purchaaed were damaqed, opened or tampered with in any fashion. 7. The laundry detergant bottle. were placed in a pla.tic bag and in Plaintiff's shopping cart at the store's check-out area by Defendant's cashier. 8. Additional groceries were then bagged and placed on top of the bag containing the laundry detergent by Defendant's cashier. 9. Plaintiff, Tracy Chronister, slipped and fell on liquid laundry detergent that had leaked from a damaged or opened bottls or bottle. that had been placed in a plastic bag and in her .hopping cart by an employee of the Defendant. lO. Defendant ilDlllediately confiscated the plastic bag and three bottles of laundry detergent from Plaintiff's shopping cart and reportedly disposed of them. 11. Plaintiff fell on the floor of the Giant Food stores and experienced severe pain in her right knee, later diagnosed as a torn right medial meniscus and torn right anterior cruoiate ligament. l2. On september 8, 1995, Plaintiff was admitted to Gettysburg Hospital for repair of the right medial meniscus. l3. Additional surgery may be required to repair the torn anterior cruciate ligament. 14. Plaintiff's surgeon has told her that as a result of the injuries, she will always have prohlems with the knee. 15. The aforesaid fall and the resulting injuries were cau.ed by the negligence of Defendant, Giant Food Stores, Inc., in the following particulars: 4 a. tailinq to properly maintain the premises by allowing products to leak in an area used by business invitees, b. tailing to properly inspect the premises for aooumulation of liquid in an area heavily traveled by buainess invitees, c. failing to properly inspect the premises to determine whether there was any accumulation ot liquid which would pose a hazftrd to business invitees, d. failing to clean up any accumulation of liquid on the premises of which Defendant was or should have been aware, e. failing to properly warn business invite.s of the liquid accumulation, slippery conditions and ot the possibility of .lipping and falling on tho.. accumulations, f. tailing to take proper measures for the elimination of liquid accumulation on the premises, g. failing to prevent liquid laundry deterqent from leakinq from Detendant's merchandise, h. failinq to exercise the care that a land owner owe. to business invitee. utilizing the premises for their intended purposes. i. failing to inspect the laundry detergent bottle. for loose caps or any damage, j. loading the laundry detergent bottle. in such a way that allowed them to tip over in the shopping cart and thereby leak onto the floor, 5 k. loading other grocery items on top ot the laundry detergent bottles in suoh a way eo to allow them to open or break and thereby leaking onto Defendant's floor. CLAIM I 'l'UCy rnf1InR%8'1'.. Y. QIAJI'I' ft)QD 8lfO.l..l. I.C. 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. As a direct and proximate result of Defendant's negligence, Plaintiff, Tracy Chronister, sustained painful and eevere injuries which include but are not limited to a torn right medial meniscus and a torn right anterior cruciate ligament, which has already required a repair to the medial meniscus, and lIay require a repair to the anterior cruciate ligament. 18. By reason of the aforesaid injuries sustained by Plaintitt, Tracy Chronister, ehe was required to incur financial liability for medical treatment, medications, hospitalization and similar miscellaneous expenses in an effort to restore herself to health, and because of the nature of her injuries, she has be.n advised and therefore avers that she may he required to incur similar expenses in the tuture, and claim is made therefor. 19. As a result of the atoresaid injuries, Plaintift, Tracy Chronister, has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 6 30. Aa a re.ult of the afore.aid injurie., Plaintiff, Tracy Chroni.t.r, ha. b.en, and in the future will be subject to gr.at humiliation and embarra..ment, and claim i. made therefor. 31. A. a re.ult of the afore.aid injuriee, Plaintiff, Tracy Chronist.r, has su.tained work loss, loss of opportunity and permanent diminution of her earning capacity, and claim i. made th.refor. 33. As a r..ult of the aforesaid injuries, Plaintiff, Tracy Chroni.ter, has .ustained uncompensated work loss and related economic 10...., and claim is made therefor. 33. As a result of the aforesaid injuries, Plaintiff, Tracy Chronister, has sustained scars which will be permanent and claim is mad. ther.for. 34. Plaintiff, Tracy Chronister, continues to be plagued by persistent pain, .welling and limitation and therefore avers that her injuries are of permanent nature, causing residual problems for the remainder of her life time, and claim is made therefor. WHEREFORE, Plaintiff, Tracy Chronister, demands judgment against Defendant, Giant Food stores, Inc. in an amount in exce.. 7 I"~ - - ____~ u_ ___ _....::.:=~-::.=:--.-.--:;"-.:.==_:;;:~~.:===.::..=:.:~.....- -. ~ 'iJ l!l:$ a, ~ '" ... 0 !I~~ i 7.... ~ . 0< ~ ~d::!~~ ~ H ~hi ~ - i~'E ~ ~ ~8' 6~ I ~ H ~~8SlZ -~ u ~ ~~~~ . 1 0 ~ 3~ > i ~ p., ~ ~ ~ ~~ !f ~ ~~~ ~ ~ ~ a J < E-t ~ ~ ~--..._..- .. ~' . ; .. 1 , i I j i \ I \ P 'HI.E1NIAfAJIU..iILMOlJl....I...P"^ I\IM t'r~lWoQ""IWI'lIIAM 1l.MNl1 1M-1I\,..IW I" "AM -,.. ~ TRACY CHRONISTER. Plaintitf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION. LAW NO, 96-1562 CIVIL TERM GIANT FOOD STORES. INC" Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON. DEARDORFF. WILLIAMS & OTTO in behalf of Defendant Giant Food Stores. Inc, in the above matter, By Geor aller, Jr" Esqulr \.0, No, 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Giant Food Stores, Inc. Dated: April 3. 1996 , 'FIU:r.UArMll.lrl.~l)Uf'__'I"".ANK I'w l'~1I"'IOf91110Ut1"M A~,o.tl""'lU"I"PIll -,.. TRACY CHRONISTER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA v, CIVIL ACTION - LAW NO, 96-1562 CIVIL TERM GIANT FOOD STORES. INC. Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: TRACY CHRONISTER, Plaintiff, and her attoruey. MICHAEL J. NAVITSKY. ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. I, Admitted based on information received, 2-3, Admitted, 4, After reasonable investigation. Defendant is without knowledge or information sufficient to fonn a belief as to the truth or falsity of the avennents contained in this paragraph, The averments are therefore deemed denied and proof is demanded, 5, Denied as stated, It is believed and therefore averred that the laundry detergent which Plaintiff was purchasing was Finast brand laundry detergent. 6, After reasonable investigation. Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth or falsity of the avennents contained in this paragraph. The averments are therefore deemed denied and proof is demanded, 7-9, Denied, To the contrary, the laundry detergent bottles were placed in a plastic bag and in PlaintiWs shopping cart at the store's check-out area by the Plaintitrs daughter, 10, It is denied that the Defendant "confiscated" the plastic bag and bottles of laundry detergent and disposed of them, To the contrary. the representatives of the Defendant supplied the Plaintiff with a replacement for the bottle which had become opened, II, It is admitted thaI Plaintiff fell on the floor of the Giant Food Stores, The remaining averments of this paragraph are denied pursuant to Pa, R,CP, 1029(e), TRACY CHRONISTER, Plaintiff . IN THE COURT 01' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 96-1562 Civil Term JURY TRIAL DEMANDED v. GIANT FOOD STORES, INC., Defendant PLAINTIFF'S RESPONSE TO NEW MATTER OF DEFENDANT 25. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. The Defendant is entirely responsible for all injuries and damaqes suffered by the Plaintiff. Respectfully Submitted, ANGINO , Dated: ul1L lo{flIb I / , ESQUIRE Attorneys for Plaintiff 93170/JIClI ~ lfl '- .., c:; " ~? N I.~ . '.j) C~ .,,4 J::? " r;.. "~ 1'.. e ' ,. L U"t \ .', L. - ,~ ':.., t.!\" .- ,;',i'J ::.J /l~ F-" -, '- ~ ," :') CJ' 0 .