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HomeMy WebLinkAbout96-03584 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96- J ~r 'ICIVIL TERM JOSEPH F. BILGER Plaintiff FRANKLIN C. KRAMER Defandant CIVIL ACTION - LAW c.Q.HPLAINT AND NOW, comes the plaintiff, Joseph F. Bilger, individually, by and through his attorneys, O'BRIEN, BARIC & SCHERER, and respectfully represents as follows: 1. The plaintiff, Joseph F, Bilger (hereinafter Joseph Bilger) is an adult individual who resides at 34 Water Street, Walnut Bottom, Cumberland County, Pennsylvania I 17266. 2. The defendant, Franklin C. Kramer is an adult individual who resides at 43 West South Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On the evening of July 22, 1994, Joseph Bilger was driving his motor vehicle North on South Hanover street when he put his turn signal on and stopped at the intersection of South Hanover and Walnut Street to make a left hand turn. 4. The defendant was also traveling North on South Hanover Street, behind Mr. Bilger. 5. Upon approaching Joseph Bilg~r's stopped car the defendant attempted to veer right to go aroun,i Mr, Bilger but negligently and recklessly struck the rear right side of Mr. Bilger's car. 6. Joseph Bilger was wearing his seatbelt but waB forcefully thrown forward upon impact. 7. Josaph Bilger was taken to the Carlisle Hospital where he was immediately admitted into the emergency room. 8. As a direct consequence of the collision of the defendant's vehicle with Joseph Bilger's vehicle, Mr, Bilger suffered the following severe and painful injuries: a. cervical strain b. sharp posterior left neck pain c. maximum loss in flexion in C3 through C5 d. severe pain and discomfort upon movement of his neck and shoulders e. diffuse tenderness in the back of his neck on both sides 9. As a result of the above injuries, Joseph Bilger has undergone extensive treatment including medication treatment and physical therapy. 10. As a result of the above injuries sustained in the collision, Mr. Bilger could not return to work for a period of three (3) weeks and thereafter began half-days to determine his ability to perform his job adequately. 11. Within the first week and while on a part-time basis, his employer, Graham Motor Company, informed him that his position was terminated. 12. Mr. Bilger attributes his job loss to a combination of A ' II his employer's concern about his ability to perfo~ his job and a restructuring of jOb duties among the employees that occurred during Mr. Bilger's absence as a result of the accident and injuries, 13, Mr, Bilger remained without employment until he began piece work as an auto mechanic with Martin Motors, but has been unable to work on a fUll-time basis since February, 1995, 14, Joseph Bilger continues to experience a modicum of pain and discomfort in his neck and shoulders and it is anticipated that his discomfort will continue in the long te~ due to the weakness in the area and claim is made therefore, COUNT I 15. Paragraphs 1 through 14 are incorporated herein by reference, 16, The foregoing accident and all of the above injuries and damages sustained by Joseph Bilger are the direct and proximate result of the negligent and careless manner in which the defendant, Franklin C, Kramer operated his motor vehicle. 17. The defendant's negligence included but is not limited to failing to maintain proper control of his vehicle and driving carelessly with the foreseeable result of an accident like the collision between himself and Joseph Bilger, WHEREFORE I Joseph Bilger respectfully requests that he be granted judgment in hlS favor and against ~he defendant, Franklin C, Kramer in an amount in excess of $10,000,00 and within the limits of compulsory arbitration, not including costs and interest, " " I ) 0.. r' " , , " .- , , :; ~ .A 'J- 'r ,) S .. ,I I g- 'I. In i I'; i 'J'( f~ '.1 .- I)' I:. , .. " " ,--, j ( , " ,j ". (~"\ \.) Ul ..c w ...:I . Jl,:>< zE-< ~8~ aUz u""..c "'z~ a..c:>< ...:II/) E-<I"z P: ~w :z D W a 'Jl, Uu W", :JOa E-< :z 1-< P: W l'l ...:I.... ........ Ill,.... <-' 'lO: '"".... III 0::'" Jl,p., W I/) a ..., . > I" ~ ..c 1""" !:ClO: III .'0 UlO: llJ z.... I-IllJ ,.:10 !:C Z ..c I" '" g;; 1-1 ...: ,.:I [i: o U ,; I" W ~ ,.:I 1-' :> 1-1 u <D '" '" .... ! ~ ~ N ... ~ ~ ~ ~ ~ ~ ~ a:l E E i ~ ~ o u JOSEPH F. BILGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA 96-3584 CIVIL TERM CIVIL ACTION - LAW v. FRANKLIN C. KRAMER, Defendant D!rINDANT'S ANSWER WITH NEW KAT,~ 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that on July 22, 1994, Plaintiff was driving his motor vehicle north on South Hanover Street. The remainder of paragraph #3 is denied as stated and proof thereof is demanded. Defendant further avers that the Plaintiff stopped suddenly and without warning. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that upon approaching Plaintiff's car the Defendant attempted to veer right to go around Plaintiff's car but struck the rear right side of Plaintiff's car. The remaining allegations of paragraph #5 are specifically denied, and proof thereof is demanded. On the contrary, Defendant did not act negligently and/or recklessly in any manner. 6. After reasonable investigation, Defendant is without knowledge or information sUff~cient to form a belief as to the truth of the averments, and peoof thereof is demanded. 7. After reasonable investigation, Defendant is without knowlodge or information sufficient to form a belief as to the truth of tho averments I and proof thereof is demanded. B. After reasonable investigation, Defendant is without knowledge or information sUfficient to form a belief as to the truth of the averments, and proof thereof is demanded. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 10. After reasonable investigation I Defendallt is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 12. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. - 2 - 13. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 14. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. QJ.!lli'Ll 15. Paragraphs 1 through 14 above are incorporated herein by reference. 16. Conclusion of law, to which no answer is required. If an answer is required, the allegations of paragraph #16 are specifically denied, and proof thereof is demanded. 17. Conclusion of law, to which no answer is required. If an answer is required, the allegations of paragraph #16 are specifically denied, and proof thereof is demanded. WHEREFORE, Defendant demands that Plaintiff's complaint be dismissed with prejudice and that judgment be entered in favor of the Defendant and against the Plaintiff plus costs of this action. NEW MATTER 18. Plaintiff's claim is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. - 3 - >- ..1' ~, 1'; .,. t,; t' III ~ -1 " .., .; ( )0. 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