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HomeMy WebLinkAbout96-03074 ~ '- ~ c~ :I 0' ~ il I' 'I'l, ';'1' ';'I " 1 ..I " " " I I " I I , j'l I, " , I' J,r I I I " , I " III " I' " " " I " I '" " I I I r , ,( i" , , " \, , ',~ I ,I , , I I " " :." , , , ... .~ \ I ,... I , tJ I ' ' 'I ~ I h, , :0 i: ~ " . , " ' , ~, , " " , 'I' I', , , ~ KENNETH MOOSE, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (/1.'10 '1'1 CIV..:/ {;q,v I I I I I I FIELD'S QUALITY FOODS t/d/b/a I SHONEY'S RESTAURANT Defendant v. . . JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Kenneth Moose, Sr. io an adult individual rellidin9 at 544 Mountain Road, Dillsburg, York County, Pennsylvania. 2. Def.endant, Field's Quality Foods, Ino. is a Pennsylvania oorporation authorized to do and doing business in the Commonwealth of Pennsylvania at the time of the incident described herein. 3. Defendant Fields Quality Foods, Inc., a Pennsylvania corporation has its headquarters located at 285 Newburn Drive, Pittsbur9h, PA, and regularly operates restaurants throuqhout Pennsylvania, inoluding Cumberland County. 4. The faots and occurrenoes hereinafter related took plaoe on or about June 4, 1994 on the premises of Shoney's Restaurant located at 1 Shadow Oaks Drive, Mechanicsburg, Cumberland County, Pennsylvania. 5. At that time and place, Defendant Fields Quality Foods, Ino. was the owner, operator, and manager of the aforesaid Shoney'. Restaurant. 6. All of the facts and oocurrences hereinafter related took place on or about June 4, 1994, on the prem!.e. of shoney'. Re.taurant referenced above. 7. At that time and place, Shoney's Restaurant was open and operatinq in the normal course of its restaurant business. 8. At that time and place, Defendant Field'. Quality Food. and/or Shoney's Restaurant employed perllons for the purpo.e of sarvinq food and beveraqes to its patrons. 9. At that time and p\ace, Plaintiff Kenneth Moose entered the restaurant with his wife in order to dine, and was served by one such employee. 10. As a patron, Plaintiff Kenneth Moose was Qwed the highest duty of care by Defendant, to keep and maintain the premises in a safe condition for the benefit of customers. 11. In the course of service to Plaintiff Kenneth Moose, an employee of Defendant spilled hot coffee over t.he table and onto the lap of Plaintiff Kenneth Moose. 12. Upon the hot coffee being spilled across the table and onto his lap, Plaintiff Kenneth Moose instinctively attempted to push his chair away from the table. 13. When Plaintiff Kenneth Moose pushed his chair away from the table, the' chair became stuck on a ridge of the carpeted floor, and the Plaintiff tipped backward with his knees bent and 18q. widely spread apart. 14. As the chair was falling backwards, Plaintiff Kenneth Moose .wung his legs back and violently struck hi. knee. on the 4 und.rside of the table. 1~. When the chair hit the ground, Plaintiff Kenneth Moo.e landed on his back, on top of the chair. 16. Plaintiff Kenneth Moose had no reason to suspect that the Defendant/s employee would pour hot coffee into his lap, cau.inq him to thrust backwards and topple over. 17. AS a result of the coffee spill and eub..quent tall, Plaintiff Kenneth Moose experienced severe pain in his groin area, neck and lower back, later diagnosed as first degree burn. accompanying a hip adductor strain, all of which Plaintiff Kenneth Moose did not suffer before his fall. 18. As a reeult of his fall, Plaintiff also experienced an aggravation of a severe low back strain and cervical scapular etrain, from which he had been recovering successfully prior to his fall. 'i 19. Immediately thereafter, Plaintiff was seen in the emergency room of Holy Spirit Hospital where he received treatment for his burns and injuries hereinbefore described. 20. Thereafter, Plaintiff Kenneth Moose began treating with Dr. Douglas K. Sanderson, and continues to treat with him to the present day. 21. Whi le treating with Dr. Sanderson / Plaintiff Kenneth Moo.e underwent rehabilitative therapy neceseitated by the incident hereinbefore described. 22. The aforesaid fall and reSUlting injurie. were directly 5 I' and proximally caused by Defendant'lI negligent, wanton and rackla.. conduct as tollowSl a. creating and maintaining a dangerous condition at it. pr.mi... in an ar.a utilized by business invitees, b. tailing to take proper measures to ensure that it. r..taurant dining area was reasonably safe tor business invite.., c. failing' to exercise the care owed to its business invitee. using the premises tor its intended purpo.e, d. failing to properly train its employees and specifically it. food and beverage servers so as to avoid danger to busine.. invite..; e. failing to properly supervise its employees and specitically its tood and beverage servers in order to ascertain and eliminate danger to business invitees; f. failing to warn business invitees if the hazard posed by the lack of proper training and supervision of its employees and specifically its food and beverage servers; and g. knowing that the inadequately trained and inadequately supervised employees posed a danger to business invitees which .aid invitee. would not likely and could not reasonably, discover. 23. On February 21, 1995, Plaintiff Kenneth Moose underwent an IME at the direction of Dr. Sanderson. eI.AIM I KENNETH MOOSE V. FIELDS OUALITY FOODS 24. Paragraphs 1 through 23 are incorporated herein by 6 reterence. 215. plaintiff Kenneth Moose sustained painful and severe injuries which include but are not limited to tirst degree burn., adductor strain, and aqqravation ot a severe low back strain, and cervical sQapular strain. 26. By reason of the aforesaid injurie~ sustained by Plaintiff Kenneth Hoose, he was forced to incur liability tor medical treatment, medications, hospitalization and .imilar miscellaneous expenses in an effort to restore himselt to healthl because of the nature ot his injuries, Plaintiff Kenneth Moose ha. been advised and therGfore avers that he may be torced to incur similar expenses in the future, and claim is made therefor. 27. As a result of the aforesaid injuries, Plaintitf Kenneth Moo.e will be torced to incur future medical expenses, and claim i. made therefor. 28. As a result of the aforesaid injuries, Plaintiff Kenneth Moo.e has underqone and in the future will underqo qreat phy.ical and mental pain and sUfferinq, qreat inconvenience in carryinq out his daily activities, loss of life's pleasures and enjoyment, and claim is made ther.efor. 29. As a result of the aforesaid injuries, Plaintiff Kenneth Moose, has been and in the future will be eUbject to great humiliation and embarrassment, and claim is made therefor. 30. A. a result of the aforesaid injuries, Plaintift Kenneth Moose, has sustained work loss, loss of opportunity and permanent 7 diminution ot his earninq capacity, and claim is made theretor. 31. A. a reeult ot the aforesaid injuries, Plaintitr Kenneth Moose, has sustained uncompensated work loss, and claim i. made theretor. 32. A. a re.ult ot the atoresaid injuries, Plaintift Kenneth Moo.e has sustained scars which will result in permanent distiqurement, and claim is made thareror. 33. Plaintiff Kenneth Moose, continues to be plaqued by per.istent pain, swellinq and limitation and therefore avers that his injuries may be ot permanent nature, causinq residual problems for the remainder of his life time, and claim is made therefor. WHEREFORE, Plaintiff Kenneth Moose demands judqment aqainst Detendant Fields Quality Foods in an amount in excess of Twenty Five Thousand Dollars ($25,OOO.OO), exclusive of interest and costs and in exc.ss or any jurisdictional amount requirinq compUlsory arbitration. ANGINO ,ROVNER, P.C. .........- . Krevsky, I.D. No. 72719 4503 North ront street HarrislJurq, PA 17110 (717) 238-6791 Attorneys tor Plaintifts 8 VERIFICATION I, RENNETH MOOSE, SR., do hereby .wear and attirm that the tact. .et torth in the toregoing document are true and correct to the b..t of my knowledg., intormation end beliet. I understand that this verification is made subject to the penalties of the Rules ot Civil Procedure relating to unsworn falsification to authorities. WI ~~ l?21 \ s,.. ~l, I Dated: I' , fA , , r'l ,.., ". , . ~ C, tJ~ .' .--..) , , . " ~ ~ l,f" ; -\ '. , , " \ \.}- a ('. ~ ~~""" l ~ r-'(( ~ 0'> ~... ',I " . " ' "<"\"'" .. , '.. "'- 1"\ ~ (:)~~ " .'1. j!. 'I ! ell':1 U ,11,il , " ,I " '\ .. ".\ f KENNETH MOOSE, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1996-03074 v. FIELD'S QUALITY FOODS t/d/b/a SHONEY'S RESTAURANT Defendant JURY TP.IAL DEMANDED PRAEClE$ FOR DISCONTINUANC~ TO THE PROTHONOTARY: Please mark the docket settled, satisfied and discontinued in the above-captioned action. ANGINO & ROVNER, P.C. so omon Z. Krevs y, Es I.D. No 72719 4503 N. ront Street HarriSburg, PA 17110 ("117) 238-6791 Counsel for Plaintiff DATE: 'Ju~. 20, 1996 " I~ r- '- M too ,. .. ',i..,: ,",l lijJ t;, :c ");'i: .1 r... ,)~.::l r'. :'..~ ,I ... ~ '" . I (fi L'I Pi' H~ l.~._ ' =~~ i:J: t5 v> is 0\ " I I I, . . II SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1996-03074 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOOSE KENNETH SR VS. FIELD~UALITY FOODS R. Thoma. ~l1ne . Sheriff, who being duly sworn according to law, .ay., that he made a diligent .aarch and inquiry for the within namad dafandant. to wit: FIELDS QUALITY FOODS TIDIBIA SHONEYS RESTAURANT but w.. unabl.a to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY to .erve the within COMPLAINT County, Pennsylvania. On Julv 15th. 199L.. . this office was in the attached raturn from ALLEGHENY County, receipt of Pennsylvania. Sheriff'. Cosh! Docketing Out of County Surcharge ALLEGHENY COUNTY NOTARY PUBLIC ""'/} So a)}'!w~r.: //,,' 1~: ~~ y;..~ "Z;~-<,;;..l 2.00 ~( R~ Th~m~~' ~line. Sheriff 29.75 /", .bI:~! ANGINO ~~ROVNER 07/15/1996 Sworn and subscribed to before me thi8 /1 "= day of Y d., 19 q~ A. D. \-J"-')pL.... ( }~l~('~ L'fJ-~' rot onotary I /' - '"8 ='ow, JV/'! f. .. ,;2../; I . :~~ t: ~ o":!ca . 'lI.io,t. 1:::".-= /I /--r-. ? -' c? 'I, / /) /1--, J LJ ,/- ~lt "Vit!::!n _J-J/ 0/ / L '- r C (..... f I (. /7/ /v / . / FiEU~ C;<./..oJc'/?y ,.?<J.J'VfJ) 'JFOn _ __ .__.._ t!./$f ~ " /(/>7, / / ~, C"wLr@~.fS, A~,{;"-rz;~ /31- /,:S,;2))? by :::u:C!:i :0 /"M/Y}c S h0LL//9/l1 * /JZ 2~~ C5~ n. rtJ zjt',;Jtf, , (.) . c::::1 cl :1: ::-:~_..r HI/Y} ,J.,. In Tnt! Court oi C.:mmO:1 Fle::s or C:.H'.~:"-:~t~l=nd C:;I:;;;~'Y, PSMr:syl'.i - Kenne th Moose, Sr.. }, . 'IS. Field's Quality Foods t/d/b/a Shoney's Restaurant ::-roo 96-3074 Ci',!il ~'erm .~ .---, ..- ='OWt June 3, 1996 '9 T S'~-=T-=- O'=' ,.....,""'-=-=. ""' C"'.....,....., "" "0 .-....... .__~ . .......L.,:)__4"Io+'1J J....'l..,...~_ 1:1:'"..by c!:;:u= c!:.: r~.:r of Allegheny . . C..:u.::y to c:::o:.:t: ::is "'.f:!:, :!::s c...-puc=u :~ -.,..:.. U = ~~ :.:ri :l.:.k ~f t!:: :,,,:-::. ./1/ -/-,/.!t. r'??.;/",~":'. ~ sae.-~ at ,:===U'..u:<i C~u:t1. ?=. Affidavit of Sem~ a. - :nd -..:. !cowu ::> :.:.c ::::;e::J ~~c==t. ~o :a.::.sw~~ Nolnrlul Seal ShOllo R O'Brien. NOlaI)' Public ,.."'.,.,.." , ____ PIIl'bu'Qh. Alleghllny County ........~ ~.::l ::? ---- _____ S "......_"-~.. . MV Comml..,on E'plre, June 19. 2000 I : .l wc- :::.. 1::== ;e:= n::ly-C <:) $ -- '* MemD", p'ljPfyrvanra AssoCr'lIonol NOlarles -"", ?/JI-' l =::!:is __ r::.y;f JIll , !~_ ~G!.Z.'.G<:' l"L J.. ,. 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