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Home My WebLink About96-03943 ~. I 4 ,~ .~ '"" .E: I \. ~ .~ " :E ~' :0.,.. ... ..~ .. ~ ,)! .2\ ,e ~ . " , , , , , " " , 'i,1 ',. / ;1 I, I' '/ , ,', ,J ')fIJJ; oJl,', <--"., I.' , d d ,IW: ',I I /t(, " " ii, /'1', I' , , I V. ,,, :\ ,:/ , " ,II ~.I -:1_'- " " " " ,j' I , 'F ,I) ';l' .~ 'I " !\ , \,-,' " ' ,i IJ I. ""-:I-,l' ., '-f, ." " " I. '. " :,' .;) i- .I", ., , r I I, I " , " '( 'I , , , " " " " I,. , ,,' , , I" "'1 ;1, " , , :, , " " ' , , ., , 'j- ~ 1_ \ '.-k-.! ,I '-i')il, I "I') 'j' -, 1,-1' !: '. " ,;1 ,,:,. , ,t' 1._ II ',-[,/." :I\!\; r:p-- ; " ~ I ..' I'! 'II,',';'-_l , , 1.':,1,1 ;,\-_. II',. 'I !:i\ ., Ii.;,,' I" " , , 'I, ,I'. , ,Ii;: . _1;1,0 i\" , ,/! ,;t,. l-i' , ~- f ~ I ' , " Il(!,i ~ ! _I" ',,", , ,,' " i, , , , , " I "_'I-lit ,jl -_,' 111'- " , " , -,iiI' .'1, ,l-'i 1,'1 , , , " ii' I' .rl,-! I ., i " jI , " , , " .. 'Ji "I'I.J' " , I 1',' Iii ',.;1:,;1 ',J' ., 'lit " , ,. ./ " ... ,iI' . , /1 ':_1 ,,' "11i I " ,I, " , " ,',' " I' I I' ..' 'i: " ,11.. , ! 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',i "Ii 'r, , t' " ~: 'l'j',,1 " ~ d ,'I Ii " ,: " ,',,1-',. "'. " , Ii;' "11, ,,' ;\'. I' : 'j" 'L"'I " " ,10 i' ,.11, , " ,~ I J .'11 " \"', ;,{ lIL""II)", " ,." ,,' 1'\'/ , ,d' " " ',,: ',i' .', , '.) ,"j'i'I,;" " , " ii, 'r' 'I',j',., , ',~ I \ ~~j' ~ ,,' ;,If';>ll;.'I, " " .1'.,', ,'I ;' \~'\1'. " ., , , "" ,I.,' " " .. ','I , , , jl" 'I '.1, " ',t " 1"1, ,I , , ,', , , , ' " " " 'I" ,. , " " !',I I' ,1, . , I.: ), " , , chrysler Plymouth, Inc., was aware that the Pontiac 6000 was in poor operating condition and potentially dangerous given a problem the vehicls had with the float in the gas tank. 7. Oefendant, Millerstown Chrysler Plymouth, Inc. told Ms, Baylor to keep a certain amount of gas in the tank of the car, but never revealed the hidden dangers of how the car could stall, the problems with the float, or how unsafe that Pontiac 6000 was, 8, On or about Oecember 23, 1994, Plaintiff, Nancy Baylor, was traveling down a steep inoline on SR 21012, Middlesex Township, cumberland County, when the Defendant's Pontiac 6000 suddenly stalled, and the power steering and power brakes failed. 9. Despite the Plaintiff's best efforts to keep the vehicle under control, the Pontiac spun out of control, crossed the center line, and slammed into the side of the mountain, and was soon after hit by a vehicle from oncoming traffic, 10. The initial impact of hitting the side of the mountain threw Ms. Baylor around the interior of the car, slamming her body against the door, and throwing her head and chest into the steering wheel, The subsequent impact of the oncoming vehicle again tossed Ms, Baylor against the side of the vehicle, 11. As a direct and proximate result of the negligence of the Defendant in allowing that car to be driven without proper warning, the Plaintiff, Nancy Baylor, sustained extensive and serious pernonal injuries requiring emergency medical treatment as well as continuing medical care and physical injury, 12. On the date of the above-mentioned collision, Defendant, 2 Millerstown Chrysler Plymouth, Inc" was covered by a policy of motor vehicle insurance by Penn N.ational Insurance Company, and said policy was in effect on December 23, 1994, the day of the collision, 13. The occurrence of the aforesaid collision and the resultant injurhs to the Plaintiff were caused directly and proximateJ.y by the negligf,!nce of the Defendant, more specH ically set forth belowt (a) In allowing an unexpecting customer to drive a faulty vehicle which was too unsafe and dangerous to be operated on the road, (b) In failing to give reasonable and adequate warnings to the plaintiff about the mechanical problems the vehicle had, (c) In failing to effectively communicate the gravity of t~e mechanical problems the vehicle had, (d) In negligently maintaining a vehicle for use as a "loaner" that Defendant knew had aforementioned ~echanical problems, 14. As a direct and proximate result of the negligence of the Defendant, the Plaintiff, Nancy Baylor, sustained severe injuries including, but not 1 imi ted to, a cervical, thoracic, and lumbar strain/sl'rain" headaches, and sleeplessness, all of which required medical care and treatment. 15. As a result of the negligence of the Defendant, t~e Pla.i.ntiff, Nancy Baylor, has been, and will in the future, be 3 hindered from performing the duties t'equired by her usual occupation and from attending to her daily duties and chorea, to her great 101313, humiliation, and embarraaament. 16. As a reault of the Defendant' a negligence, the Plaintiff has suffered great physical pain, discomfort, and mental anguiah, and will continue to endure the same for an indefinite period of time in the future, to het' great physical, emotional, and financial detriment and loss. 17. As a result of the negligence of the Defendant, the Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention, to her great detriment and loss, 18, As a result of the negligence of the Defendant, the Plaintiff has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 19. As a result of the negligence of the Defendant, the Plaintiff has had to miss many hours at work, and suffered wage loss, to her great detriment and loss, 20, Plaintiff, Nancy Baylor, believes and, therefore, avers that her injuries are serious in nature, 21. Plaintiff believes, and therefore avers that Defendant, Millerstown Chrysler Plymouth, Inc.; in allowing an unexpecting customer to use a vehicle that Defendant knew was dangerous, exhibited willful, capricious, and outrageous behavior. 4 (~ ~, ,... ~~.. II. , , .. , r,;ti , If C'l ~'}:;O ''l " , , ::r: ')D 0... " ):: c; I'~ . B. <::> .it/ -:0 <) .~ - \....' l" ",.1 :~m .~ ~~rf) Ii, :; " ""l .~ t5 Ul a , , 0) .~. ~ ~~I"("> " ......... .... .~ ~ ~ ~ N '- ffi ~ 8 j a ~ q ~ ~;i:I'~ , IX II Q ~ J W ! L _ oJ '" o z 0( J: . I: " " . \ . . . , ...- _......~I 'I'WOMIMIO '-- 1II , " 1:'1 In A :'C Q.. ..0 , ~ ~ >;: ~ iI , -I " " , 'I' I" " >> \ ;; , I , ~ , f , ...... , , , .1 , \ , , I , , , , , , t~\d , ! , I , , II , , ]'1 ii r- ~l\~\ j ~ -n ~ I , \I II , , II , , " \I " , d, , 'I .- , , , , .' , \ I '_\ ';~ : l," '."-1 " i;\,1 FiJ.' ~r\' ' ~r;;'. , '(.'i', I' , f.~'" .' 1,1" " '1\ " , , ,,' ., " " I I;' " I' ., , , ,\ .1\ ,1, " I, , I .. " " I, 'i,' :'!~: /~ij;i~~')'::':~'I;;f(:r~',i):lft~&f. ,);~If Ii I '_,'<:t-'''-;'__;i\'.l~~r~i_ HW',-ii,'f1tllt-~;A-Pt!i,_(,'l:( .Ii', ",~"";'j}l~,,Y,'f)Y ro, j,\11.< ':-:t;:~lj"-"~11. III ,'. l,\,.tlt~~~~J,~ /:~'// ':' ," - ;",P:l,{\,"!:-ij 'I,i' "'1",11' """",,', -',:, .,:, 1/,0' i_:;I;'H",,:!{r;;~1 II _ rj, I t, ,,)j,,!(,i'~;i'i).Ii!tf1Yll~t~1'j I ! ;;, -. ,-,-..-.;-j 0;"'" I " I' './ I ' :""J;J:I,';~;;I,;"(?:~-,~Utj NANCY JEAN BAYLOR, PLAINTIFF, IN THE COURT 01" COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 96-3943 CIVIL CIVIL ACTION '. LAW MILLERSTOWN CHRYSLER PLYMOUTH INC., DEFENDANT JURY TRIAL DEMANDED ceRTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiff's Interrogatories Directed to Defendant, Millerstown Chrysler Plymouth, Inc, and the Plaintiff's Requests for Production of Documents Directed to Defendant, Millerstown Chrysler Plymouth, Inc, were served on Millerstown Chrysler Plymouth, by sending a copy of the same to their attorney of record, C. Kent Price, Esq" THOMAS, THOMAS & HAFER, 305 N. Front St" Sixth Floor, P.O. Box 999, Harrisburg, PA 17108, by United States Mail, regular service, I~ il\ Harrisburg, Pennsylvania on August -41-, :1.996. , By DATE~~1/90 senberg, E:sq. 1.D. #20569 P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Att;ot'neys for Plaintiff Ct ,I - ~ M PI ;, I iE. ' ' " '~ I, " ~ <- " , IX) 1m " I ~~ ~ ' ' ~ U) , , U\ I'i )1 , I: " . II: loJ Z !!! 8 ~ e ~;: 8 ~oC-2 &z;-tlJ ( d i:ll ~lXlq~ loJ ! L I" ..I '" - o z ( I: ~ c.. "G ','.L1:r,.o'<')" '<hX>il, ,i :'.';'1" l NANCY JEAN BAYLOR, Plaint if f v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-3943 CIVIL ACTION - LAW MILLERSTOWN CHRYSLER PLYMOUTH INC., Defendant , JURY TRIAL DEMANDED STIPULA'rIQl':/ It is hereby stipulated by and between the parties hereto that Paragraph 12 of the Complaint shall be voluntarily stricken and that t/'le Defendant need not file preliminary obj ections or an answer to said paragraph, HANDLER AND WIENER , .~/ H. R Esqu re 319 Marke Street P,O. Bo 1177 Harrisb rg, PA 17108-1177 Attorneys for Plaintiff " THOMAS, THOMAS & HAFER 0- . (2 \, I," :(ki, I,:; 1 I' ,-.-11. I; I."'-....-~' Ir~ ~, ~~i ~r ~~-l ~'itll ~~\\ \~i I!W I~!ll, \1~: :';!~~~ \'-.",; ~f~ ',';lit ,t'-V ,',f I}i, ,/r; I!k ,'r-~~~~::;'::~l I', \ ". 'I'i, 1 -~Y'~"'i" " ' I , ' I" 1 1 .. 'I"" '.~; ," f ,- i., :' ;.';' .:',.,,;~i f C. Kent pr ce, Esqu re 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendant " " ~ ~ ~ ! J to l ~ ~ fi :!! " j~~ ~ 3 co IS : ~ . t 2 " o : '" i ~ ~ !I " q' , " , " " I 'I' .1 I) , ; I,,; ;1; I .,... 'lr;'1 ~:.,.,.. 8, Denied, After reas.;mable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations, 9. Denied, After reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations, 10. Denied. After reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations, 11, Denied in accordance with Pa,R,C,P, 1029(e). By way of further answer, it is specifically denied that the Defendant was negligent, 12, Paragraph 12 of the Complaint has been stricken by stipulation of the parties, 13, Denied in accordance with Pa,R.C,P. 1029(e), By way of further answer, it is specifically denied that the Defendant was negligent, 14. Denied in accordance with Pa,R.C,P. 1029(e). By way of further answer, it is specifically denied that the Defendant was negligent. 15, Denied in accordance with Pa.R.C,P, 1029(e), By way of further answer, it is specifically denied that the Defendant was negligent, .2. 16. Denied in accordance with Pa.R.C,P. 1029(e) , By way of f.urther answer, it is specifically denied that the Defendant was negligent. 17, Denied in accordance with Pa.R.C.P. 1029(e) , By way of further answer, it is specifically denied that the Defendant was negligent. 18, Denied in accordance with Pa.R.C,P, 1029(e), By way of further answer, it is specifically denied that the Defendant was negligent. 19, Denied in accordance with Pa,R,C,P, 1029(e). By way of further answer, it is specifically denied that the Defendant was negligent. 20, Denied, The allegations are conclusions of law and/or fact to which no answer is required, To the extent that an answer may be required, the allegations are denied on the basis that, after reasonable investigation, the Defendant is without information or knowledge sufficient to form a belief as to the truth thereof. 21. Denied in accordance with Pa,R.C,P, 1029(e), By way of further answer. it is specifically denied that the Defendant engaged in willful, capricious and outrageous behavior, WHEREFORE, Defendant demands judgment in its favor and against Plaintiff. -3- NEW MATTli)R 22. Plaintiff I B claims may be barred or limitf,ld by provisions of the Motor Vehicle Financial Responsibility Act, 23. Plaintiff I s claims may be barred or limited by the tort election applicable to this claim. 24, Plaintiff's claims may be barred or limited due to the fact that her injuries do not constitute serious injury, 25, Plaintiff's injuries and damages, if any, were not caused or contributed to by any negligent act or omission on the part of the Defendant, 26. If the Pontiac 6000 expressly denied, it would not steering functions. 27, If the Pontiac 6000 stalled as alleged, which is expressly denied, the Defendant had no knowledge or reason to know that the vehicle might stall while in operation, 28. Plaintiff's Complaint fails to state a cause of action against Defendant, 29, Plaintiff's claims may be barred or reduced by the doctrine of comparative negligence, 30, Plaintiff's injuries and damages, if any, may be barred or limited by her negligent conduct, stalled as have lost alleged, which is its braking and/or -4- - "I .Ii , , 'IL' ,:1 , . r.; , , , ~ , " , I' PI ''i Bi , " , " , );: " ., " c... Ii , g Q. ,j, 0 ~1 , " , " ('"I ,;, U, I' " ~ 5ii ~ . -, ~ * '. , " I ~ I !.; , I , , ' " , , , ~ a ~~ 3 ~ : E Jl Ii II i , 11 2 ~ ... i .; ; .. It .~ ~ WI x J 0 .. , , " , , j\ ',I 1.1. , \, , , I 'I. '1., .., I " " ,,' I . !d, '\, 1'1.' Ii';', ;'. ; " . , , , , , , , o. ~' 'I r.n J; ill " if;' 9 (') ", " I j t1 " t!J ',", m I;', ;-'1 ! I ~ III' l ,I , , " " , " ,I ~ 0: LoJ Z ~ ~ 8 ~Hq ~iiLI(~ a: I ci ~ LoJ ! Lie ..l ~ ~ o . z c( 1: , , , tlJ (:i r .... ~.(q;\.; 1\': ~\;l.:.,,'!l ',( :',(,,!; 'I"" ,.." ',I" , ' " , , " III, , , " .\ , ' " . '. , .