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HomeMy WebLinkAbout96-02420 ~\ i " , J' , ~ "j , I,"', A" 'i'" " " I'! , " .' ! ~ i i' } ~ '" 1,' " " I 'I I' 1 I , 'I ;' "" " " , " h I 'I,! " ",I " I /'1, I I'" ! I' I , , , ' j I I i I ! " I I I, " I ! ~ '> ~ "I " ...,) ;1 I I , , Plaintlll' who was In Ihe process of making 0 lell lurn. The Plaintiff had his lell turn signal on when Plaintiff saw in his rear-view mirror Defendanl was nol stopping in spite of Plaintiffs turn signal. Plaintiff allempted 10 rolltorward allempting to ovoid contact however Defendant struck Plainliff on the righl rear side of Plaintiffs vehicle, the result of which PlaintitT suflered injuries sel torlh below. 7. The occident was due solely to the negligence and carelessness of the Dclendant, its agent and servant in that: a. Defendant agent and servant's van was operated in a reckless, careless, and negligent manner at an improper and illegal rate of speed under the circumstances, in disregard of the rules of the road. the laws of Pennsylvania. and b. Operating its motor vehicle with no warning of approach or intent of direction; c. Not having the motor vehicle under proper control so as to stop said vehicle within a short, clear distance ahead; d. Operating Ihe motor vehicle without due regard to the rights, safety, and position of the Plainliff; e. Failing to have the vehicle under Ihe proper control so as to prevent the vehicle from striking the Plaintiffs motor vehicle; f. Failing to keep a proper lookout; g. Failing 10 use due care under Ihe circumstances; h. Failing to notice the motor vehicle of the Plaintiff. i. Upon noticing the molor vehicle of Ihe Plainliff, failing to yield the 2 shoulders; c. Headaches. concussion. rIldlating pain Irom the arms to Ihe fingers; d. General bruises and conlUsions. 12. As a result of Defendallls' negligence. Plainliff Kemper has suffered great bllllily pain and suflering as well as mental anxicly and nervousness to his great dctrimenl and loss. 13. As a result of Defendanl's negligence. Plaintiff Kemper has sustained serious and permanent injury. the trealment for which he has incurred medical bills and expenses in excess of $20.000 and will require permanent medical care in the future. 14. As a result of Defendants' negligence. Plaintiff Kemper has suflered a loss of earnings and/or earning capacity. J 5. As a rcsult of Delendant~' negligence. Plnintiff Kemper has suflered an interruption of his daily habits nnd pursuits to his greal and permanent detriment and loss. 16. As a direct and proximate result of the collision and Defendants' negligent and reckless conducl. Plaintiff Kemper has been and in the future will be prevented from attending nol only his usual occupation but also from attending to his ownership and maintenance and daily produclion as a dairy farmer. causing permanent detriment and loss. 17. Plnintiff has made demand for compensation of the aforementioned injuries and losses, which Defendants have failed and refused and still refuses to pay. WHEREFORE, Plaintiff Kemper demands judgment against Delendant Motor Truck Equipment Company in an amount in excess of the arbitration limits exclusive of interest and costs. 4 COUNT TWO PLAINTIFF V. DEFENDANT DAVID L. HOUSEHOLDER 18. Plaintiff K~mp~r incorporal~s by reference all of the preceding paragraphs of this complainl as if each and everyone were individually set forth with this Counl. WHEREFORE. Plainliff Kemper demands judgmcnt against Defendanls in Ihc wnount in excess of arbilration limits exclusive of interest and costs. COUNT THREE PLAINTIFF V. BOTH DEFENDANTS--LOSS OF CONSORTIUM 19. Plaintiff Kemper incorporates by reference all of the preceding paragraphs of this complaint as if each and everyone were individually set forth with this Counl. 20. As a result of Defendants' negligence, Plaintiff Marina L. Kemper has been deprived of Ihe society, companionship, contributions, and consortiums of her husband Plaintiff David Kemper to her great detriment and loss. 21. As a result of Defendants' negligence, Plaintiff Marina L. Kemper has incurred and will in the future incur large medical bills and expenses to treat her husband's injuries. 22. As a result of Defendants' negligence, Plaintiff Marina L. Kemper has suffered disruption in her daily habits and pursuils and a loss of enjoyment of life. WHEREFORE, Plaintiff Marina L. Kemper demands judgment against Defendanls in s the wnount in excess of arbitration limits exclusive of interesl and costs. Respectfully submitted, .LJ~ J es P, Johnson, Esq. Ilorn y J.D. #17819 GLANTZ JOHNSON & BOLIN 1901 East College Avenue State College, PA 16801 Phone (814) 238-2491 Allorney for Plaintiffs , ' , , , , 6 CB.TIPICATI OP SIRVICB I, KEVIN C. MCNAMARA, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the IJ.JL day of ~A O.l L , 1996: , James P. Johnson, Esquire GLANTZ JOHNSON . BOLIN 1901 East College Avenue State College, PA 16801 Attorneys for Plaintiff THOMAS, THOMAS . HAPB. /' ' By: //lLC{A( ~)J[( A~h JA.J::U(JL J..IA..( / ~n C. McNamara, Esqcrrr~ ., I ~.I I. U' . . " , , ( ., " " , . ,. . , " , , , , " '. 1-' , I Iii elj I q " " I I II ,I I ,. , I :'/1' I I , \ I, e I III '/1 I' l\ J, ,j!1 i 1- 1<1'.11: I f't:' i 't' 'J " " ". V I'll 11\ 1/'_' , I )",,'j. " h " I .,.; I' " ,1', , I. I I i II' , " ^ , , I i I-I %-\1) ',1 I I' ! 'I' 'i I. ,)1"- i: I' 1i1'll iWi! 'I'. I /It 1-' ii -lil._!fj'" 3,o''\. G'(. , \.. I /'1 7'j~":- l.~ " ;1- '.' . , ';1 ""!'lli.t\jll , 1'1_', ,I' \~' I ; . Ii " ii',! oil,' " . ;;''1 "n., itt.... ~O.d:.',' , ".,." /, Ii, 1: ';111 .~ " ;1 I I! Ii Ii " .j', Il! li!-; L<H,l 'i'-\' ,I i i " \'1-:' ij),'1' Ii!, 'j' [,!il-.!i ,: II', In 1\ '1)!I':1 ~ ; 1/';1,': I" ,,, , I \.I"I! Iii I I " , , ,I HI- li': , , I, , , I'il , " , , !lil I I, _'.11 ,I .) I '\ I , " I. , I " -,i, , " I' i I' , , III '1'" ,), 1'1 " _"t, , I " , , , , , '.",i . I~f": ; '.d.' .? i/ ___~( 4i:.- // .*.....-1>>"""'''''''' . (;'TI': '.' 1 ,i II',', \f':"" !! ; i I r ~ i. I I ",I ~;/ 7:'::'--;::::;':> ~, /~...~-:;;~ 1\"1 ' , , '" )ii' (, , \i I : " I , " , " T jl 1,1 )Ii', :(, '; i lil'ILI 'HI I: i-' .',/) ., , II' " , ,', , , ,II I., Ii I.' r " , I" ./ I; I' 1,"11 I" I, , 'I , , ,. ''11", 'i ,.I!' '1\, 1-!,1 "1 ';\i i",'i') 'i i h; " " 'I,f! 'i'!' " '\" ,., :1" ." Iii "[: I" I , " I I 1:1 1 il' l: I " I q' II ,I 1"l'....,,1 , , i if, I . I' ,!i-II r' I, 'I, , ., II' "ii :.iI'l.I.,~NII I I " ., " I'i ;';.h r ,1 ! j '." " 'i:." . , ' n 1 ',;,i"l if f"""~~< ~~"'I " _~/M " \i 30 -- 'it, -\ L~r- (,: "^~ ~"~(" '~ I , t, , " , , and it is admitted that the Defendants' van contacted the right rear of the vehicle driven by the Plaintiff. As to what the Plaintiff was in the process of doing, what he saw before the accident, what he was attempting to do immediately prior to the accident, whether his left turn signal was on or off, and as to the injuries allegedly sustained, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 7. Denied as stated. It is admitted that David Householder was negligent, that he was an employee of Motor Truck Equipment Company and in the course and scope of employment at the time of the accident. It is denied that Motor Truck Equipment Company was negligent, reckless or careless in any way. (a) - (f). Denied as stated. It is admitted that David Householder was negligent in failing to bring his vehicle to a stop in time to avoid contact with the Plaintiffs' vehicle. All allegations of recklessness and carelessness are denied. All other allegations and characterizations of David Householder's conduct are denied; (g) Withdrawn by stipulation of counsel; (h) - (k). Denied as stated. It is admitted that David Householder was negligent in that he was unable to avoid - 2 - contact with the rear of Plaintiffs' vehicle. The balance of the allegations and characterizations of David Householder's conduct are denied; and (1) Denied. These allegations represent conclusions of law to which no response is required. B. Denied. This allegation represents a conclusion of law to which no response is required. 9. Admitted. COUNT I David Allen XemDer and Marina L. KemDer v. Both Defenda~ Negligence 10. Defendants hereby incorporate by reference their answers to Paragraphs 1 through 9 herein as if set forth at length. 11. (a) - (d). It is admitted that David Householder was negligent as set forth above. It is denied that Motor Truck Equipment Company was negl igent in any way. As to whether Mr. Kemper sustained any injuries in the accident or whether any of them are permanent in nature, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. - 3 - 12-16. Admitted in part and denied in part. It is admitted that David Householder was negligent. as set forth above. It is denied that Motor Truck Equipment Company was negligent in any way. It is denied that either of the Defendants were reckless. As to the injuries and losses alleged in these paragraphs, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. 17. Admitted in part and denied in part. It is admitted that the Plaintiffs have demanded money. It is denied that Defendants are legally obligated to pay. WHEREFORE, David Householder admits negligence. COUNT II David Allen KemDer and Marina L. Ke.Der v. David L. Roueeholder Negligence 18. Defendants hereby incorporate by reference their answers to paragraphs 1 through 17 herein as if set forth at length. WHEREFORE, David L. Householder admits negligence. - 4 - ~n ~vid Allen Kemoer and Marina L. Kemoer v. David L. Householder and Motor Truck lauioment COmDanv Los. of Consortium 19. Defendants hereby incorporate by reference their answers to Paragraphs 1 through 18 herein as if set forth at length. 20-22. Admitted in part and 1enied in part. It is admitted that David Householder was negligent. It is denied that Motor Truck Equipment Company was negligent in any way. As to the losses alleged, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. WHEREFORE, David Householder admits negligence. NEW MATTIR 23. Plaintiffs' clAims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, the provisions of which are incorporated herein by reference. 24. Some or all of the Plaintiff's injuries are or may have been pre-existing or the result of causes other than those alleged in the Complaint. 25. The Plaintiffs have or may have failed to mitigate their damages. - 5 - i? ..0 . - ~~ C'; , ~~.1 .. ,r'4 ~..: ~~ ( .C L; :"C )~~ ,l.. 'l~ ~. ,,;0 r' .. 'il~ ".: " ,~. ;..! :r: ,,;t.') u..:11,1, i'@ 'I f' ~-l ) ;:~ LI.. ,,') ..J U <.1\ U ,,' f I I I I I .:' " ',. -'~' c' \.I: , ",' II' , ,. \ , , " <) (- (,' .~ \: " ',I " r~" '-' (,' ',\ ",1 " I, ,) l.,:) " ir, w '- (>, ',. ~s ~~ ,. ?s ~c :r" ):'~ "j'- ll_ I€:! f, ,'., (': ,:1' 'i" 1JI:t '" & ... ','J J [:,-" ~'I- j ., "J " :::"J ....~ lL OJ.) a <..) (',n , , ,. .' ." 1"'- r..' ,L.v:- '"I". , < , -. (I.;, ' J (' , /";.,:' , , u.:: .j ." .~ oJ 0, - .. ..~. ,,' .~l'. (\: t: ; I '.") I (. L,'J ", ,.... C,' ...j .!rJ. ) .:~ , I, <.' , " f CO) il - G .. ~ ? iE i') ~ .,),,,,:"-7 , ljt '...1,'. , ~- .' ~ ::J ::~ , -it' ,:.,.J t:>.: :// ,.,-'A .~., '- /...;;i ~ ',J1I.,j ~ .i(J;. J " t;: L() ~ .~ c:; .- .. :)...-r ~n Ci .,;'. (3~' ., . :c I :l' , ;' 0- '''; ~, ';.) ;;J r' ,-,:, 'f.~ ~.tl~' , k. ~L :r: l.j~ .... :;;" r' .. -") .... , ~ c:c :.i Q" u " 'i' I f, '/:,1 I"i " ,II'" I . . , " ~ In ~: ~, c:; " '" ~.. " H~ . (" J~ r::-! . ).... .. IJ;~ "~, r.:., .( (f'll~) t" n:. ,', )- I' f '.' ~ Ii ~: i1' '-i '" ',- f' ~.;\ 111:Ji' II ~Ii - C, 'j't J ,r (j) ! ~ j ~!~iL " , I" Q , , ,; g J: I N Z I U ~! ~ · I ~ fll ~ m 0 c , Z . , I, " I_I iJ,\, 1"1 i-i.:' .' I ,~. t 01 ,;' , 1/.; f';' I" 'I '" , ' ;;, I' '. . ;': .'l .11 i ,.. 'I I' , ',' , , Plaintiff who WllS in the process of ml1king a left turn. The Plaintiff had his left turn signal on when Pll1intiff saw in his rear-view mirror Defendl1l\t WllS nOI stopping in spite of Plainliffs lUm signal. Plaintiff attempted to roll forward attempting to aVOid contact however Defendl1l\t slruck Plwntiff on the right rear side of Plaintiffs vehicle, the result of which Plaintiff suffered inj uries set forth below. 7. The accident WllS due solely to the negligence I1I\d carelessness of the Defendl1llt, ilS agent and servant in that: a. Defendant agentl1l\d servant's van WllS operated in a reckless, careless, and negligent mllllller at an improper and illegal rate of speed under the circumstances. in disregard of the rules of the road, the laws of Pennsylvl1l\ia, and b. Operating its motor vehicle with no warning of approach or intent of direction; . c. Not having the motor vehicle under proper control so lIS to stop said vehicle within a short, clear distl1l\ce ahead; d. Operating the motor vehicle without due regard to the rights, safety, and position of the Plaintiff; e. Failing to have the vehicle under the proper control so lIS to prevent the vehicle from striking the Plaintiffs motor vehicle; f. Failing to keep a proper lookout; g. Failing to use due care under the circumstances; h. Failing to notice the motor vehicle of the Plaintiff; i. Upon noticing the motor vehicle of the Plaintiff, failing to yield the 2 -.......-; ,.,. r-, '" 0..., : I ~'''.'. ~~ t~~ r- ~ ~ .. . U'1 n. : . . ~) '- .I a 2 ~ d ~ ex: - u. , ~ , " \, I ' ~ ~ ~ GLANTZ. JOHNSON Be BOLIN IQOI E:AliT CqL.L.J:ut~ AVI.f.NLJII: STAn. Cl.)l_~I~OIl', p~ USQOt BI4-;l.:JQi:MDI FAX 014-:2:10-eOI8 . .....---.--.----.,--------.- . " . ','(. .' " , , I, "'f \ . :r'lflt'.,, .\ ..' I, . ." , .' .' 'f' I' ,', ~ I I:' , . , " "~I' "1 -' n. . , ......\ -..-_I , , " I, Ji" " Ai ,:;' I! ~ \ : , ~I l, , .', .l~ ',' ./ l . I I I' ;, " '. I' I ' 'il , ., , , , I I '[. ',' i"l , !): I,' (I Vi~ I:f; I ~ ':j I' I J !'; I:, .. I, I., \ ).'1/ ~i ,i~l f,f;' , ., 'I I' , , , "I,r1 " , " ,I' " I"~; ,i.1 , ). ~; ~ , , , " , .1 , , " u. Wi! ~ II n ~ f~ ~ ~ ' / ". ~' ,i. i/ , ",~ 'i.1 \ _~i ~.' I> l'li .'1' ". -,.. ~. ! ,),'~'l: \ ' ,!'I.I I'. ;I't. , ; ~r "I') I ~, '\ f~1 . ~'Jl11 \ [,:: r: ,,_,1 " 'I , " " , , ., " , , ,I I, , 1 , "i , " I, ~ , " , I, , ;" , " ,I ',. ,I' , '>, IIi '" , " " I' , " '-"I ,,, " , , , , I' , ., j" " , ,IIi '.' . , I I' .~ I:~ 1(. I'~ r: . , '," i , .., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL.VANIA CIVIL ACTlON..LAW DAVID ALLEN KEMPER and his wife MARINA L, KEMPER, No. 1996.2420 Plaintiffs .~ ',f) ') '. .,)) II ,- ~. r~t ,I or} .....:'" '. .' ,. ,,,, . , . . , I '1 (I ~ ,I':~, I. .' I ~ ~.. ' . ,1) tf'.., ':,'1 , , "1 " ~1 , ..' ~ ~ ) ;, r:! I'd " J .' , .... ':""'.l 'J ~ ..( lJ\ .<. v. DAVID L HOUSEHOLDER and MOTOR TRUCK EQUIPMENT COMPANY, a PeMsylvania Corporation, Defendants JURY TRIAL DEMANDED MOTION FOR CONTINUANCE OF SCHEDULED TRIAL DATE Movant is David Allen Kemper and his wife Marina L. Kemper, Plaintifts in a personal injury action tiled with this court on May 2, 1996. I, Exhibit "A" is the Complaint filed and by this reference is incorporated herein. 2, Plaintiff and Defendants have undergone discovery and have mostly completed same, Plaintiff will need to determine whether his medical expert will testify by deposition and schedule the deposition, 3, Phuntitfhas been mostly treated by the Pain Clinic at Hershey Medical Center. In October 1997, he was informed by his coordinating physician at Hershey Pain Clinic, Dr. Gregory Gullo, that he would not be able to testify in this particular case Plaintift's understanding was that this was a departmental policy in similar cases 4. Dr. Gullo referred Mr Kemper to a second physician for the basis of providing a written evaluation Dr. Bruce Nicholson pertormed such an evaluation on February 9, 1998 and provided a report Although this report is satisfactory to the Plaintiff, the individual doctor again , stated that he would not testify as it is not his practice either ;~ti..~.'.-~.. ~ ; , " -j l).:' :'~ I. .. ," :~. COO.) :_~ '.1 If :~ , '. :;, '. 7 , ~~"'. < < .\ \ \1""" I ,", .,..-. -"" /' \ ~i' ;~ ~,II " ~ / "',' / ".---/ ..J - CC :E en en :3 o t; a: - LL C/) w ~ U o ~ il C/) Z m C/) " ~ .... > . .... < < .. " a: ... ~ . " z ~ ~ O " " o " C/) u 0 Z .. u J: ~ 4J o W ~ 'gt'ii N - l- Z 0( oJ l!l ~ \ll: <Xl Eo< 0 <l/) ;:: ~~ - ~o < Z\ll: Po. Ui:a< f-' :E:g~\ll: 'E-otO"tO u~><ffi ~~~i s .-IA " 1901 EAIiT COI,.l.N:QI.I: AVENUll. STAT/.': (....,/.I..nl~:,.p~ UUIOI 814. OZ3B';;J:491 FI'o>t Ul-\"2.3B'BOIC5 , , ,., GLANTZ, JOHNSON & BOL-IN " -~.-. " - , 'f'"-' . . " ., . J ~, , . 'i '. "v \ ,.....,. \ J I ~- .' '14/'. I ~ / , i ~ I: '0 " . I ,. I' " fl., 'r' ,> . " , ,," , <" 'i'l (. Ii \~ $ ~i \ , ,. , , "l' 1'_. , I. , , , F , / I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTlON..LAW DAVID ALLEN KEMPER and his wile MARINA 1.. KEMPER, No. 1996.2420 Plaintill's (i ,p r\~ .;-. U' -. ~: ~J _" "'.:11' ,.. ',' ) 1."" .. ~rl t' I .J,r J [ ,:I'; ,':.) h ':...1, ~1 , :.:! I ..~ , j r { ; N l'" J' , , .., . .., -< ll' ". v, DAVID 1.. HOUSEHOLDER and MOTOR TRUCK EQUIPMENT COMPANY, a Pennsylvania Corporation, Defendants JURY TRIAL DEMANDED MOTION FOR CONTINUANCE OF SCHEDULED TRIAL DATE Movant is David Allen Kemper and his wilil Marina L. Kemper, Plaintifts in a personal injury action filed with this court on May 2, 1996. I, Exhibit" A" is the Complaint filed and by this reference is incorporated herein, 2. Plaintift' and Deliondants have undergone discovery and have mostly completed same, Plaintiff will need to determine whether his medical expert will testify by deposition and schedule the deposition. 3. Plaintiff has been mostly tr~ated by the Pain Clinic at Hershey Medical Center, In October 1997, he was informed by his coordinating physician at Hershey Pain Clinic, Dr, Gregory Gullo, that he would not be able to testify in this particular case Plaintift's understanding was that this was a departmental policy in similar cases 4 Dr. Gullo referred Mr. Kemper to a second physician for the basis of providing a written evaluation. Dr Bruce Nicholson performed such an evaluation on February 9, 1998 and provided a report. Although this report is satislactory to the Plaintiff, the individual doctor again stated that he would not testify as it is not his practice either. f(1 (f..; r""l";-- 'I'wl " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL ACTION..LAW DAVID ALLEN KEMPER and his wife MARINA L. KEMPER, : No, 1996.2420 Plaintiffs v. DAVID L. HOUSEHOLDER and MOTOR TRUCK EQUIPMENT COMPANY, a PennsylvarUa Corporation, Defendants : 1UR Y TRIAL DEMANDED ORDER OF THE COURT AND NOW, this day of , 19_. upon consideration of the foregoing Motion, it is h"reby ORDERED that the scheduled trial date will be continued until further notice by the Court. BY THE COURT, J, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTlON--LA W DAVID ALLEN KEMPER and his wife, MARINA L. KEMPER, No. 1996-2420 Plaintiffs v. DAVID L. HOUSEHOLDER and MOTOR TRUCK EQUIPMENT COMPANY, a Pennsylvania corporation, Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark the above matter settled and discontinued. Dated: A!!lZust 25. 1999 James p,! on, Esq. Attor LD, #17819 GL TZ JOHNSON & ASSOCIATES 19 East College Avenue State College, PA 16801 Phone (814) 238-2491 Attorney for Plaintiffs AND NOW, this a..z!?tay of {)L'r ' 1999, the above matter is marked settled and discontinued. (;/ f2,?~_j ~ k~~ rothonotary ? .,. '" & i:r, '" " I"~~ N ~-)..~ ," , l ;;'l~ ~:!_~ : J::~ r ~:: . I..L. :> , " (\ 1~7 T , r-. .;i{l f:.~f: : N I;r' ,.~ ,I, ~2 :1 iJ i , 1.1, !"O. , . "'" '" I'. cr. .;,.) U ,0') 0 "