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Home My WebLink About96-01676 ~ ~ ~ '. "'\ , I . ' ! , .~ I , I \ , I J I I 1 I I ~ ! '" I , , ) . , , \ . .1 '\ ~ I ,,/ I I , i , , ! , , I I I I i I i I I . ' I I I , , ' " ", "1 , , . . I ~ " '"" " 0- " 7, The negligence and carelessness of the defendant consisted of the following: (a) Failing to regard the righls, safety and position of minor plaiuliff at the point aforesaid; (b) Allowing a sharp gate catch/gate latch to exist in an are,l where deiendant knew or should have known th.11 business invitees would br exiting the car; (c) Failing to warn of the sharp edge of the gate catch/gate latch; (d) Permitting business invitees to enter or exit a car wilh a gate catch which w~s sharp; (e) Failing to warn business invitees of the dangerous condition that existed; (f) Allowing a ride to operate when the latch of a car app.eared to be missing the "ball" normally found on the end; (g) Failing to post signs .lIld barriers to assure that business invitees would not enter or exit a car with a sh'lrp g'lle catch; (h) Allowing a dangerous condition to be and remain on said premises; (i) Failing to properly maintain s.lid ride so that the business invitees using it would not be endangered; G) Failing to block off said area; (k) Being otherwise negligent and careless. 8, All the allegations contained in the foregoing paragraphs are incorporated in the following counts as though set forth therein at length, 4 I: FIRST COUNT CARISSA TIRADO. MINOR PLAINTIFF VI. DEFENDANT 9, As a result of the aforesaid, minor plaintiff sustained injury to her right upper thigh, its bones, cells, tissues, nerws, muscles and fUllctions, including but not limited to a 3 1/2 to .. inch laceration which required 24 sutures and resulted in sC'lrring; together to a severe shock to her nerves .lIld nervous system, some of all of which minor plaintiff has been advised are or may be permanent in nature. 10, As a result of the afores.lid, minor plaintiff h.IS undergone great physical pain and mental anguish and she will continue to endure the same, for .111 indefinite time in the future, to her great detriment and loss, 11. As a result of the aforesaid, minor plaintiff has been unable to attend to her usual and daily duties and occupation, .lnd she will be unable to attend to the same for an indefinite time in the future, to her great detriment and loss and to the detriment and loss of her parents and natural guardians during her minority, 12, As a result of the aforesaid, minor plaintiff has suffered a loss and depreciation of her e'lrnings and earning power and she will continue to suffer such loss and depreciation for an indefinite time in the future to her great detriment .lIld loss 'lIld to the detriment and loss of her parents and natural guardians during her minority. 13. As a result of the aforesaid, minor plaintiff will be obliged to expend large sums of money for medicine and medical .mention in order to effect a cure of her aforesaid injuries after the time she attains her majority ,\lid indefinitely into the future, to her great detriment 5 VERIFICATION Plaintiffs, CARISSA TIRADO, a minor, by her parents and natural guardians, ANTHONY J. and PEGGY A. TIRADO, and ANTHONY J. and PEGGY A. TIRADO, in their own rights verifies th.1t the statements m.lde in the foregoing Civil Action Complaint are true and correct, Plaintiffs understand.s that any statements made herein are subject to the penalties of 18 Pa. C.S,A. Section 4904, relating to unsworn falsification 10 .1lIthorities. DATE: ,:?-/.,} /' 96.. a~d(~f~dJ. ANTHON ADO DATE: .3.-/,;1 - 74 ~ Jt~~ IRADO 7 (v),i o ..., ,.. ...- 0' N j, 'v, i "J .' '"' r.O,'j .--~ ~ I .... ". .;" IV") (T-' 't: .,. ,. ~ ~ l:;\ "i (" r',~ Ll ,'..j' ., L....: ~ I ~, ,. ~- '.. ..... I ~ ~.' . .1 ~ ,~ .::; ~ .:;:, ~ ~~ ~ I"<J ..., ""'\ 2} '~~ I CIVIL ACTION 1. Plaintiffs, Anthony and Peggy 'Tindo, are the parents and natural guardians of Carissa Tirado, minor plaintiff, all of whom are citizens and residents of Ihe Commonwealth of Pennsylvania, residing therein at R,R. ~5, Box 5520 in Sailorsburg, Pennsylvania, 2, Defendant, Arbroo Shows, Inc" is a corporation, duly organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 1524 Commerce Ave" Carlisle, Pennsylvania, 3, At all times material to plaintiffs' cause of action, defendanl, Arbroo Shows Inc" was the owner, operator, possessor, maintainer and in control of the amusement park rides and equipment at the West End Fair in Gilbert, Pennsylvania, 4, All of the acts alleged to have been done or not to have been done by defendant, Arbroo Shows, Inc" were done or not done by said defendant, its agents, servants, workmen and/ or employees, acting in the course and scope of their employment with and on behalf of said defendant, 5, On or about August 30, 1994, at or about 9:50 p,m., minor plaintiff was a business invitee on the defendant's premises for the purpose of recreation and after she took a ride on the Dragon Mini Coaster, the ride was concluded, and as she exited the car of the ride, her right leg became impaled by a gate latchlratch, 6, As a result of the negligence and carelessness of the defendant, as is more fully hereinafter set forth, minor plaintiff sustained serious, painful and permanent personal injuries, more particularly set forth hereinafter at length, 3 7, The negligence wd carelessness of the defendant consisted of the following: (a) Failing to regard Ihe rights, safety and position of minor plaintiff at the point aforesaid; (b) Allowing a sharp gate catch/ gat~ latch to exist in an area where defendant knew or should have known that business invitees would be exiting the car; (c) Failing to warn of the sharp edge of the gate catch/gate latch; (d) Permitting business invitees to enter or exit a car with a gate catch which was sharp; (e) Failing to warn business invitees of the dangerous condition that existed; (f) Allowing a ride to operate when the latch of a car appeared to be missing the "ball" normally found on the end; (g) Failing to post signs and barriers to assure that business invitees would not enter or exit a car with a sharp gate catch; (h) Allowing a dangerous condition to be and remain on said premises; (i) Failing to properly maintain said ride so that the business invitees using it would not be endangered; G) Failing to block off said area; (k) Being otherwise negligent and careless, 8. All the allegations contained in the foregoing paragraphs are incorporated in the following counts as though set fOl'th therein at length, 4 FIRST COUNT CARISSA TIRADO. MINOR PLAINTIFF vs. DEFENDANt 9. As a result of the aforesaid, minor plaintiff sustained injury to her right upper thigh, its bones, cells, tissues, nerves, muscles and functions, including but not limited to a 3 1/2 to 4 inch laceration which required 24 sutures and resulted in scarring; together to a severe shock to her nerves and nervous system, some of all of which minor plaintiff has been advised are or may be permanent in nature. 10, As a result of the aforesaid, minor plaintiff has undergone great physical pain and mental anguish and she will continue to endure the same, for an indefinite time in the future, to her great detriment and 1055. 11. As a result of the aforesaid, minor plaintiff has been unable to attend to her usual and daily duties and occupation, and she will be unable to attend to the same for an indefinite time in the future, to her great detriment and loss and to the detriment an.d loss of her parents and natural guardians during her minority, 12. As a result of the aforesaid, minor plaintiff has suffered a loss and depreciation of her earnings and earning power and she will continue to suffer such loss and depreciation for an indefinite time in the future to her great detriment and loss and to the detriment and 1055 of her parents and natural guardians during her minority. 13. As a result of the aforesaid, minor plaintiff will be obliged to expend large sums of money for medicine and medical attention in order to effect a cure of her aforesaid injuries after the time she attains her majority and indefinitely into the future, to her great detriment 5 and loss, SECOND COUNT ANTHONY J. AND PEGGY A. TIRADO, PARENTS AND NATURAL GUARDIANS OF CARISSA TIRADO. MINOR PLAINTIFF vs. DEFENDANT 14. As a result of the injuries sustained by minor plaintiff as aforesaid, the earnings of minor plaintiff have been impaired during her minority, to which earnings parent plaintiffS are legally entitled, all of which may and probably will be to their great detriment and loss, 15, As a result of the injuries sustained by minor plaintiff as aforesaid, parent plaintiffs have been obliged to expend large sums of money for medicine and medical treatment in an effort to effect a cure of minor plaintiff's injuries and they will be obliged to expend such sums for an indefinite time in the future, to their great detriment and loss. WHEREFORE, Plaintiffs claim of the defendant herein a sum in excess of $75,000,00 thousand dollar ($25,000.00) upon each of the foregoing counts, The amount sued upon is in excess of the amount requiring submission to arbitration. Respectfully submitted, FF.INBERG lie SILVA B~~T~~ Attorney for Plaintiffs 6 , ... FEINBERG ec SILVA BY:SARAH P. KATOWITZ, ESQUIRE Identifh:ation No.:47676 2000 Market Street Suite 1805 Philadelphia, Pennsylvania 19103 (215) 665.8989 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARISSA D. TIRADO, a minor, by her parents and natural guardians, ANTHONY J. arid PEGGY A, TIRADO, and in their own right CIVIL ACTION-LAW vs, NO, 96-1676 ARBROO SHOWS, INC PETITION OF PLAINTIFFS TO REINSTATE COMPLAINT AND FOR ALTERNATE SE.i\VICE Plaintiffs, Carissa D, Tirado, a minor and her parents, by and through their attorney, Sarah p, Katowitz, hereby aver as follows: 1. Minor Plaintiff, Carissa l), Tirado, filed her complaint on March 28, 1996, seeking damages for the negligence of the defendant in operating a traveling amusement park, 2. On August 30, 1994, Plaintiff, age 8, was a minor business invitee at the defendant's traveling carnival for the purpose of reaction and she sustained injury after she exited from the Dragon Mini Coaster, her right leg became impaled by a gate latch, 3, On April I, 1996 the sheriff in Cumberland County attempted to serve the defendant, Arbroo Shows at 1524 Commerce Avenue, Carlisle PA, 4, On that date, 1524 Commerce A venue was locked up and vacant, therefore defendant could not be served with plaintiffs' complaint. (See copy of Affidavit of Service which is attached hereto and marked Exhibit "A"). 5, Therefore, plaintiffs asks that in addition to reinstating her complaint that alternate service be permitted in order to serve her complaint to the defendant's proper address, 6, Alternate service would include service on Arbroo Shows, [nc, at 3546 Lantern Bay Drive Jupiter, Florida 33477, WHEREFORE, Plaintiffs, Carissa D, Tirado and her parents respectfully request that this court issue an Order allowing plaintiffs to reinstate their complaint and serve the defendant via alternate service by mail. FEIN~E. RG LIe SIL V CJ, ~ By: '~'''''M'J,\ y, ~ t Sarah P.'Katowitz, Esquirec Identification NO,: 47676 2000 Market Street Suite 1805 Phibdelphia, PA 19103 . ElltlIbII It ,o;j"~,,.,.tJAI .JI'OIl1l,t III" !IIO""O @ " " ,I , .' .0 ...... ('.:. r,. -. , .f U-J[ , -' './ . ,. " rr:- .' t..,. ,~i ';". ";'j LIL. i() ._.J .'; [;.' (' I "d , .,\.. : ... ~n .., u '" U '1 4 t' " ,I , I ~ ... E;. 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