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Home My WebLink About96-05438 ...~ .~ ~ ~ ..~ .., i~ .. .~ - 1 I I ! i ! I . .~: . i j ! l i -'-. -,-._--- -",.- 5. On or about January 27, 1995, one of Defendant's employees was working at the True Temper site. At all times relevant to this litigation, said employee was acting within the scope of his employment with Defendant Aycock, Inc. 6. On or about January 27, 1995, the Aycock, Inc. employee was operating a forklift on the premises of True Temper, and was therefore performing and within the scope of his duties. 7. Defendant's employee operated the forklift in such a negligent manner as to "run over" the Plaintiff's foot and, as a direct and proximate result thereof, caused the injuries more specifically described hereinafter. 8. The occurrence of the aforesaid event and the resultant injuries was the direct and proximate result of the negligence of the Defendant, Aycock, Inc., more specifically set forth as follows; (al In allowing its employee to fail to keep a proper lookout for pedestrians behind the forklift as he was operating it in reverse; (bl In allowing its employee to fail to give such warning as was necessary to make pedestrians aware that he was operating said forklift; (cl In allowing its employee to fail to operate said forklift under at such a speed, and under such control, that he could stop it prior to injuring the plaintiff; and (dl In allowing its employee to recklessly and dangerously operating said forklift in such a manner as to cause said injuries. 9. As a direct and proximate result of the negligence of Defendant, Aycock, Inc., Plaintiff has suffered injuries, including but not limited to; a crush injury of the right foot, fractures of the 2nd, 3rd, and 4th toes of the right foot, fractures of the 2nd and 3rd metatarsal of the right foot, laceration of the right great toe, all of which required emergency surgery, the insertion or usage of pins and a cast, and continuing medical treatment. 10. As a direct and proximate result of the negligence of the Defendant, Aycock, Inc., the Plaintiff, Patsy Travis, has been, and will be in the future, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation, and embarrassment. 11. As a direct and proximate result of the negligence of the Defendant. Aycock, Inc., the Plaintiff has suffered great physical pain. discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future. to her great physical, emotional, and financial detriment and 10$s. , . VERI FICA lION I verify that the statements made in the Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.~904 relating to unsworn falsification to authorities. Date tl-7(f/b . ,""'" , '-", , '~; H;' r~ It- t h't- ."' :..;-; ,...:!t ::lNTY C A-.~. ~i\!: 1 ')')~,; . ~JI,:,<i )}-~ F i , i 'j I I I 1 '.'Jt1MUNWr.AI.HI IW Pt-~NN:';YLVAlIIA; "J'IIHI' lIF CUMHt-:RLANO !_~ i'_!_+._~~__:,t'.!tJS Y_.._ L -'----'"'---___,-_o-.._oc. VS. AY'.I.I(,I\ INC --............,"-".-----.- ~.JJiQ.Taa Xl t!lE' . --'..""""-'-'-~ St',*riJf. vht: t;€ln~1 i:2l.,1!ysvo.r'nai;CQrd.tng ~o la~. says. that he m3~~~. diligent ~@arc~ and inqu1ry !orth9'withln n3!l"ed tj€ten':f~ntll to wit; l..)"~.~::'Lh:.r~lH:.~_.~,..~_,_,~~____ '-""_"^,"'~_~"'_"",C"""_""""''''''~'''''''__~___'_' '~-~""'''----'''~---'"'~''~''.~-'' ,..---. "-.'-'. ~...,.<-,----~"-,' ;-..._.~-'",-"'---'--.-.-~~........'-,..-<-~-.~ '-.~.- bv~ was unable to lQ~at~ r 1J~:'t_" In h~E balllwj~kF HE' thi6?ti!'tor!? d~tiutl=ed t~e sh9rl!f ~f r\4 Ut':-H I !i Co~nt,y. rennsylvao14. ':'''j :'i'rve ':,hl:? wltr.1G CGMt-"l.AINT On _!-k-tS:.Q~L~_~__.j_"~~tll ,.,J- ;r'"'i..'-, , ..~"::",;...___u__,,._ !:-r~:: 2 ': f:flC:<I<-- W,"*E; ltr re"'~'!E!-l J:~ t .-. -' ~ (,If th~ attach9d r.turn iZ'OM .,:}tJ~',.t)'. F~nl''i~'/l\tsnla. ::~,C'! ~ff.s Costi:-: ~!:~~W->f'.:fz:' : / '>:7 .' ""Y :j"';~~~"~' ,,/:"';. ...~ rr:-'tr;;:s ~k~ i~' '-J.~TrF,..:-"~l\e?'1 >:JCY.<l?tlt:g- ':'ut '>f i.~()Uf;t;y- :',u:.':l'iarcf.J ' :':;i\lr:htt'i 'Ci;;-unty , --a:'t""'l"'t.-,.~^.... , ~:':J.. ....J. .-: t SN.$,~; ~.W".f:,,:ir-~'J .$ut'Ec.;'i"lt.:~'J t>::., t'\?..f~~;;-~, !l<C''''fi ": t; ~ ~- /1t/;c <1"" ,'i ~~. 'I'c, A. , . t:.' ' "-f.] ......Fi..c ~1Js~~"t'ti~tp; . I -< ~ ,..,::-. H 1.__ r..._..."....j. C-,' C-..-.---. "-0110 J _.u"'_" -; ....,.:::.-~ 1.--- _ " \..:.J:-.'~ :::~:rt =4i= ':l~"'''''''vl,,--i- J -....~ _&1.""" I . -- ..., ., I....tt-.."'. ....._'-.11: I Patsy L. Travis ..- .., . -. Aycock, Joc. ~c. 96-5438 Civil Tp-rm .~ .-- ;:';0"", October 03, 1996 :9_ !. S~..zT: C'~ C'::,GZ?.!...).....'1-:J CO-:..~':?t ?~ e:) :--1 . , c:.:;:-~= ::.: ~ci Dauphin __e. -- ::: -,'1:::0, c..-==i ~ == . .. . . =-7':==---=- :--i == :.: = . --- :=~ cf ?!.:l:':':. -- .~_. = r~-'~~ !:.~~ :! C==~..:.:~ C.::::.."7. ::. .i. -., -.,a. . - . _Q...:::1~n.. or ::::~ .~~ !c :..::-~~_ n.d' Ii c..~. 1:. C::::.. .1 :......-:::. :::: ::::::::-~ ~....... "''''' :\."','::1 . . ::.: ~ - =.:,,:! 1f_ ~fO'- ~ \.::! ~~: _A -,-:: -------- s -- .~ 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 13 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. WHEREFORE, Defendant, Aycock, Inc., demands judgment be entered against the Plaintiff together with costs of suit and any such other relief this Honorable Court may deem appropriate. NEW Hl'.T'1'E1l 14. Paragraphs 1 through 13 of Defendant's Answer and New Matter are incorporated herein by reference as though fully set forth at length. 15. The Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 16. The Plaintiff's Complaint may be barred by applicable statutes of limitation. 17. Plaintiff's claims may be barred and/or limited by the doctrines of Res Judicata and/or Collateral Estoppel. 18. Plaintiff's claims may be barred and/or limited by the Pennsylvania Comparative Negligence Act and/or any other applicable comparative negligence act. 19. Plaintiff's alleged damages and/or losses were sustained solely as a result of the activities and/or conduct or omissions on the part of the Plaintiff, Patsy L. Travis. 20. Plaintiff's alleged damages and/or losses were sustained solely as a result of the activities and/or conduct or omissions on the part of the agents, workmen, employees and/or servants of Plaintiff's employer. 21. Plaintiff's claims are barred and/or limited because the Plaintiff and/or agents, servants, representatives, workmen or employees of Plaintiff's employer failed to properly instruct or warn the Plaintiff before allowing her to undertake the actions which she claims caused her injuries and damages. 22. Plaintiff's claims are barred and are lirni ted because the Plaintiff and/or the agents, representatives, employees, workmen or servants of Plaintiff's employer failed to properly and adequately maintain the real estate, and fixtures which form a part thereof, inCluding but not limited to the metal working area of Plaintiff's employer. 23. The Plaintiff, Patsy L. Travis, assumed the risk of any injury or damages he claims. 0" . "..~.....,..;..,..->>eTF,-:r"~'-'-~""L""_,,,,, ",":;' ~ERTIFICATE OF SERVICE AND NOW, this Ii day of /Ib~ 1996, I, Janice S. Hendler, for the firm of GRIFFITH, STRICKLER, LERMAN, SOLYHOS , CALKINS, hereby certify that I have, this date, served a copy of DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW HATTER by United States Hail, addressed to the party or attorney of record as follows: w. Scott Henning, Esquire H~ndler and Wiener 319 Market Street P.O. Box 1177 Harrisburg, PA 11108 Attorney for Plaintiff GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS 110 South Northern Way York, Pennsylvania 11402 P111 7S1-7602 Attorneys for Defendant Honorable Court deems a response necessary, the Plaintiff denies that her Complaint is barred and/or limited by the Pennsylvania Comparative Negligence Act and/or any other applicable Comparative Negligence Act. 19. Denied. It is denied that Plaintiff's damages and/or losses were caused in any way by her activities or conduct or omissions and proof to the contrary is demanded at the trial of this matter. 20. Denied. It is denied that Plaintiff's damages and/or losses were caused by or the result of any activities or conduct or omissions on the part of the agents, workmen, employees and/or servants of Plail"tiff's employer, and proof to the contrary is demanded at the trial of this matter. 21. Denied. It is denied that Plaintiff's claim is barred and/or limited because the Plaintiff's employer, through its agents, servants, representatives, workmen or employees failed to properly instruct or warn the Plaintiff, and proof to the contrary is demanded at the trial of this matter, 22. Denied. It is denied that Plaintiff's claim should be barred or limited because the Plaintiff or the agents, representatives, employees, workmen or servants of Pleintiff's employer failed to properly and adequately maintain the real estate and fixtures comprising e part of the real estate including, but not limited to, the metal working .re. of Plaintiff's employer, and proof to the contrary il demanded at the trial of thil matter. 23. o.nied. The aIle;ation set forth in Paragraph 23 il a conclulion of law to which no responsive pleading il required, however, to the extent that The Honorabte Court ct.em. a response necessary, it Is denied that the Pl8intiff auumed the risk of any injury or damages that she claims and proof to the contrary is demanded at the trial of this matter. 24. (Sic). The beginning portions of Paragraph 24 appear to be missing end, hence, Plaintiff is not in a position to properly respond to the allegation of Paragraph 24. 25. Denied. The allegation set forth in Paragraph 25 is e conclusion of law to which no responsive pleading is required, however, to the extent that The Honorable Court deems a response necessary, it is denied that there were any acts, omissions, negligence or other liability producing conduct of agents, representatives. workmen. servants or employees of Plaintiff's employer, or others. which constitute II superseding or intervening cause of the Plaintiff's injuries IInd dllmages, and proof to the contrary is demanded at the trial of this matter. 26. Denied. It is denied thllt the Plaintiff failed to take reasonable measures to cure the injury or prevent further injury or loss from taking place. It is denied that the Plaintiff failed to mitigate her damages, and proof to the contrary is demanded at the trial of this matter. 27. Denied. The Defendant's allegation as set forth in Paragraph 27 is very broad and vague. It does not specify what safety rules and regulations the Plaintiff is deemed to hav. violated. This allegation is a conduslon of law to which no responsive pleading is required, howev.r, to the extent that The Honorable Court deems it necessary, the Plaintiff denies that she violated any nfety rules and regulations, Federal, State or Local. that gave riae to the injuri4ls that she sustained as a result of beinQ struck by the for"ft being operated by the Defandant'.lIlnpIoYM. PATSY L. TRAVIS, V. AYCOCK, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 05438, 1996 : JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND NOW, this 8th day of January, 1997, I hereby certify that I have, on this date, served the foregoing Plaintiff's Reply to Defendant's New Matter upon all parties by sending a true and correct copy of same to their attorney of record via first class United States mail, postage prepaid and addressed as follows: John F. Haninek, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York PA 17402.3737 HANDLER AND WIENER ./ W. eMing, J. 0.)16. 32298 J19 Market ~t Pos. OfflCe~x ~ 177 Harrisburg PA 17108.1177 (717) Z38.2000 Attorneys fOf Plaintiff By PATSY L. TRAVIS, Plaintiff : IN THE COURT OF COMMO:<-J PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. AYCOCK, INC., HYSTER COMPANY n/k/a NACCO MATERIALS HANDLING GROUP, INC. and JACK MCCLAIN, Defendants : NO. 96.5438 : NO. 96.6932 : JURY TRIAL DEMANDED IT IS FURTHER ORDERED AND DECREED that Docket No. 97.447 shall bo marked discontinued pursuant to Praecipe to be filed by Plaintiff's counsel and IT IS FURTHER ORDERED AND DECREED that Caterpillar, Inc. shall be dismissed, with prejudice, from Docket No. 96.6932. BY THE COURT, I.!../ Ur- g. )~~ " J. --'~ PATSY L. TRAVIS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : JURY TRIAL DEMANDED i~o. 96-5438 CIVIL TERM AYCOCK, INC., HYSTER COMPANY : NO. 96-6932 CIVIL TERM nlkla NACCO MATERIALS HANDUNG: GROUP, INC.. and JACK McCLAIN, v. Defendants PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above captioned matter settled and discontinued. HANDLER, HENNING & ROSENBERG Date: :;>-1 f -71 By w. Scott Henning, Es Attorney J.D. '3229 319 Market Stree P.O. Bolt 1177 H.r1sbufg. 17108 (717) 238-2000 A. TTORNEY FOR PlAINTlFF PATSY L. TRAVIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. AYCOCK, INC., HYSTER COMPANY n/k/a NACCO MATERIALS HANDLING GROUP, INC., and JACK McCLAIN, JURY TRIAL DEMANDED Defendants no. 36-5.*38 CIVIL TERM No. 96-6932 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above-captioned matter settled and discontinued, with prejudice. HANDLER. HENNING &. ROSENBERG Dated: MarCh~, 1999 17108-1177 Atto~neys for plaintiff ~ Q ~ 4 .. .;l~ ~g ""' \.4l..; ~ "J4Ii... ~~~ ~~) U') ".~ H, I OJ" ~ wi ..... c... 0- c: d t, ~ (5