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HomeMy WebLinkAbout00-00769 ~ ^ ,+ - ,"-- ~.~" ,,-. ^ '1: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICTOR A. TOMASO and NATALIA TOMASO, husband and wife, Civil Action No. dt'hn _ 71..9 Co~ if l~ Plaintiffs v. EXEL LOGISTICS, INC., and TIMOTHY SOKOLOSKI, JURY TRIAL DEMANDED Defendants To: Exel Logistics, Inc. c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 Timothy Sokoloski 9 West Main Street Mechanicsburg, P A 17055 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFFS, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE , . ,~. ~ _.I, -,[ - . > ~ - ' k' OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: ,;1- 7- 00 Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 or (800) 990-9108 WAGMAN, KREIDER & WRIGHT BY: David A. Kreider, eys for Plaintiffs 222 E. Orange Street, P.O. Box 1522 Lancaster, P A 17608-1522 (717) 397-7000 S.CtJD. No.: 38022 2 . .:.1 , ^ ' ~-~'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICTOR A. TOMASO and NATALIA TOMASO, husband and wife Civil Action No. v, EXEL LOGISTICS, INC" and TIMOTHY SOKOLOSKI JURY TRIAL DEMANDED COMPLAINT I. Plaintiffs, Victor A. Tomaso and Natalia Tomaso, are husband and wife and reside at 4809 Arney Road, Harrisburg, Pennsylvania 17111. 2. Defendant Exel Logistics, Inc. (Exel) is a corporation incorporated in the Commonwealth of Pennsylvania with offices at 260 Salem Church Road, Mechanicsburg, Pennsylvania and has a service of process address in c/o CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania 19103. 3, Defendant Timothy Sokoloski is an adult individual with a last known address of 9 West Main Street, Mechanicsburg, Pennsylvania 17055. 4. TJMTlBrennan Transportation (Brennan Transportation) is a trucking company with offices at 50 Connecticut Drive, Burlington, New Jersey 08016. 5. At all times relevant hereto, Brennan Transportation was in the business of transporting customers' products from one location to another. 6. At all times relevant hereto, Mr, Tomaso was employed as a truck driver by Brennan Transportation. 'n_i ','," "-'.',,,- , -"I, ",.' ~; -/,;- 7. Mr. Tomaso's duties for Brennan Transportation included driving a truck to customers' warehouse facilities, straightening freight on pallets, securing the freight with stretch wrap, tagging pallets of customers's product, and transporting the freight to another destination after the freight was loaded on the truck. 8, On February 12, 1999, Exel was a customer of Brennan Transportation. 9. On February 12, 1999, Mr, Sokoloski was an employee and servant of Exel and was acting as agent for Exel at all times referred to herein. 10. On February 12, 1999, Mr. Tomaso was dispatched by Brennan Transportation to Exel's premises located in Mechanicsburg, Pennsylvania to pick up and transport a load of Exel's product. 11. On February 12, 1999, Mr. Tomaso drove a truck to Exel's premises in Mechanicsburg and backed the truck up to a bay on the premises so that Exel's product could be loaded on the truck. 12. After parking the truck at the bay, Mr. Tomaso exited the truck to secure and tag freight that he was picking up. 13. As Mr. Tomaso was tagging Exel's product, Mr. 's Sokoloski, who was operating a fork lift, backed the fork lift into Mr. Tomaso. 14, As a result of being struck by the fork lift, Mr. Tomaso suffered serious injuries, including, but not limited to, the following: a. Flank, neck, knee and shoulder pain; b. Sprains and contusions; 2 ".' " ^' ~I c. Swelling and bruising of left knee and calf; d, Internal derangement of left knee; e. Cyst in the left knee; and f. Depression, COUNT I Victor A. Tomaso v. Timothv Sokoloski Negligence 15. Paragraphs I through 14 are realleged and incorporated herein. 16. Mr. Tomaso's injuries as set forth in paragraph 14, herein, were caused by the negligence ofMr. Sokoloski, which negligence consisted of the following: a. Failing to keep a proper lookout while operating a fork lift; b, Operating a fork lift which did not have a warning beeper or other waming alarm; c. Failing to activate the warning beeper or other warning alarm on the fork lift; d. Failing to have a co-employee act as a lookout; e. Failing to properly operate and control the fork lift; f. Operating the fork lift in careless regard for the safety of others; g. Operating the fork lift without a license; h. Failing to exercise due care under circumstances which Mr. Sokoloski knew or should have known presented dangerous conditions 1. Using a fork lift which was not equipped with an adequate audible waming device at the operator's station and in operable condition in 3 -.,-, ~-I 4 . violation of29 C,F.R. SI926.601; J. In violation of 1926,601, using a forklift in reverse without a reverse signal alann audible above the surrounding noise under circumstances where Mr. Sokoloski had an obstructed view to the rear and , k. In violation of29 C,F.R. SI926.7601, using a fork lift without an observer signaling that it was safe to operator the forklift in reverse under circumstances where Mr, Sokoloski had an obstructed view to the rear. WHEREFORE, Plaintiff Victor A. Tomaso requests that judgment be entered in his favor against Defendant Timothy Sokoloski for an amount in excess of $25,000, plus interest and costs, The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. COUNT II Natalia Tomaso v. Timothv Sokoloski Negligence - Loss of Consortium 17. Paragraphs I through 16 are realleged and incorporated herein. 18, As a direct result of Defendant Timothy Sokoloski's aforementioned negligence, Plaintiff Natalia Tomaso lost the assistance, society, care, comfort and companionship of her husband, Plaintiff Victor A. Tomaso, and she also sustained emotional strain, stress and depression. WHEREFORE, Plaintiff Natalia Tomaso requests that judgment be entered in her favor against Defendant Timothy Sokoloski for an amount in excess of $25,000, plus interest and costs. The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. 4 - - ~ -, ~ COUNT III Victor A. Tomaso v. Exel LOl!:istics. Inc. Negligence 19, Paragraphs I through 18 are realleged and incorporated herein, 20. Mr. Tomaso's injuries as set forth in paragraph 14, herein, were caused by the negligence ofExel, which negligence consisted of the following: a. Failing to properly train Mr. Sokoloski in the use of a fork lift; b. Failing to properly supervise Mr. Sokoloski's use ofthe fork lift; c. Failing to have another employee act as a lookout while Mr, Sokoloski used the fork lift; d, Allowing Mr. Sokoloski to use a fork lift that did not have a waming beeper or other waming sound; and e. Allowing Mr. Sokoloski to use a fork lift without activating a waming beeper or other waming sound; f. Allowing Mr. Sokoloski to use a fork lift without being properly licensed; g. Using a fork lift which was not equipped with an adequate audible warning device at the operator's station and in operable condition in violation of29 C.F.R. gI926.601; h, In violation of 1926,601, using a forklift in reverse without a reverse signal alann audible above the surrounding noise under circumstances where Mr. Sokoloski had an obstructed view to the rear; and 1. In violation of29 C.F.R. gI926.7601, using a fork lift without an observer signaling that it was safe to operator the forklift in reverse under circumstances where Mr. Sokoloski had an obstructed view to the rear. WHEREFORE, Plaintiff Victor A. Tomaso requests that judgment be entered in his favor 5 , ',- ,~ J ,:~ -II,,}' against Defendant Exe! Logistics, Inc. for an amount in excess of $25,000, plus interest and costs, The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. COUNT IV Natalia Tomaso v. Exel Lo!!:istics. Inc. Negligence -Loss of Consortium 21. Paragraphs I through 20 are realleged and incorporated herein, 22. As a direct result of Defendant Exel Logistics, Inc. 's aforementioned negligence, Plaintiff Natalia Tomaso lost the assistance, society, care, comfort and companionship of her husband, Plaintiff Victor A. Tomaso, and she also sustained emotional strain, stress and depression. WHEREFORE, Plaintiff Natalia Tomaso requests that judgment be entered in her favor against Defendant Exel Logistics,Inc, for an amount in excess of$25,000, plus interest and costs. The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. COUNT V Victor A. Tomaso v. Exel LOl;!istics. Inc. Vicarious Liability 23. Paragraphs I through 22 are realleged and incorporated herein. 24. Defendant Exel Logistics, Inc. is vicariously liable for the negligence of Defendant Timothy Sokoloski. 6 " " ,. ~". ~- "", WHEREFORE, Plaintiff Victor A. Tomaso requests that judgment be entered in his favor against Defendant Exel Logistics, Inc. for an amount in excess of$25,000, plus interest and costs. The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. COUNT VI Natalia Tomaso v. Exel LOl!istics. Inc. Vicarious Liabilitv 25. Paragraphs I through 24 are realleged and incorporated herein, 26. Defendant Exel Logistics, Inc, is vicariously liable for the negligence of Defendant Timothy Sokoloski. WHEREFORE, Plaintiff Natalia Tomaso requests that judgment be entered in her favor against Defendant Exel Logistics, Inc. for an amount in excess of $25,000, plus interest and costs, The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. WAGMAN, KREIDER & WRIGHT BY: David A. Kreider, eys for Plaintiffs 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct.1D. No,: 38022 7 ,-',' ,l , ' ~, -1 VERIFICATION I verifY that the statements made in the foregoing Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to facts based on the information of others, the undersigned, after diligent inquiry, believes them to be true. And further, as to language and averments which may constitute legal conclusions, I sign this verification on the recommendation of my attorneys who advise that the allegations and language in the Complaint constituting legal conclusions are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some ofthese allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorneys on their advice. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. .--7/ -=L IZ -:7 ~___ .-- V' /t~~ . E-' .....- lctor . omaso -~ . ~ RECEIVED JAN 2 1 2000 ~Ptt, "Wl!!IIIIi__~f.'f , ,""1IIl\IIIII!1III' ~' ,J ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICTOR A. TOMASO and NATALIA TOMASO, husband and wife Civil Action No, ~ - n.9 ct, (" I~ v. EXEL LOGISTICS, INC., and TIMOTHY SOKOLOSKI JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action as settled, discontinued and ended with all costs paid, WAGMAN, KREIDER & WRIGHT Date: 3M Iou , ( BY: David A. Kreider, A Plaintiffs 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S,Ct.ID, No.: 38022 , ,,~ ,- <.. --'~" ", , " > CERTIFICATE OF SERVICE I hereby certifY that I have this day served a true and correct copy of the foregoing Praecipe upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Michelle Pickett, Claims Adjuster Chubb Insurance I Liberty Place 1650 Market Street Philadelphia, PA 19103 Date: J /Vifo WAGMAN, KREIDER & WRIGHT BY: ~~. David A. Kreider, Attorneys for Plaintiffs 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S,CtJD. No.: 38022 I.: - ,~",-", .i/iRiiM..I.J.. ~ =-" , " '~.~liilliili ....,~"'-,-~~ f. U ~iIIIi!Ilii] ',," ,,",",' , t"_, " " l',_ " . 0 = C) C <:;:) -n ? ::JI: ~ ,~ "UQ;! J';7.lIl :q~~ m"i ~" Z:.:c, z):'- N ~]t9 (I) "> CO -<:d::': ~~~~ ~~?, r:"r'-l <-......' :i:'''. -;:; ~:5 :IJ 70 ::rr; :;:;0 >~(") CO ".",fTl C u ~ Z :.,,, 0> :< :0 0::> -< __Ii SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-00769 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TOMASO VICTOR A ET AL VS EXEL LOGISTICS INC ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT EXEL LOGISTICS INC C/O CT CORPORATION SYSTEM but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE REQUEST FOR PRODUCTION OF DOCUMENTS, INTERROGATORIES , NOT FOUND , as to the within named DEFENDANT , EXEL LOGISTICS INC C/O CT CORPORATION SYSTEM AS PER ATTY 6/14/00 RETURN NOT SERVED. Sheriff's Costs: Docketing Not Found Return Out of County Surcharge Dep. Phila Co 6.00 5.00 9.00 10.00 116.00 146.00 County WAG ,ASHWORTH, KREIDER 06/15/2000 Sworn and subscribed to before me t. ~, day Off/" Py this c2.ovV A,D. ~. () ?n,p;, t'~7:('-- Pr t onotary .,,'~ ~ ,,- , I SHERIFF'S RETURN - NOT SERVED CASE NO: 2000-00769 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TOMASO VICTOR A ET AL VS EXEL LOGISTICS INC ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SOKOLOSKI TIMOTHY but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE REQUEST FOR PRODUCTION OF DOCUMENTS, INTERROGATORIES NOT SERVED , as to the within named DEFENDANT , SOKOLOSKI TIMOTHY AS PER ATTORNEY 6/14/00 RETURN NOT SERVED, Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 6.20 5.00 10,00 .00 39.:'W WAGMAN, 06/15/2 "'----- COUNTY Sworn and subscribed to before me this &, l:!::: day of q,Oj &.Arvv A. D, ~ Q /vult,,~) AJ?aif Pr t onotary .. ~ ,I iL~ ~ . .... 1 CERTIFIED TO BE A TRUE AND COfll'lECT COpy WAGMAN. KREIDER & WRIGHT , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICTOR A. TOMASO and NATALIA TOMASO, husband and wife, Civil Action No. (;).~-7Lcr C~u~l~ Plaintiffs v, EXEL LOGISTICS, INC., and TIMOTHY SOKOLOSKI, JURY TRIAL DEMANDED Defendants To: Exel Logistics, Inc, c/o CT Corporation System 1635 Market Street Philadelphia. P A 19103 Timothy Sokoloski 9 West Main Street Mechanicsburg, P A 17055 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING ~'*1UTING WITH THE COURT YOUR DEFENSES OR OBJli:CTIONS TO THE CLAIMS SET FORTH AGAINST YOU, YOU ARE WARNED THAT IF YotT 1"1\fL To DO SO TM~ CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFFS, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO IOOR TELEPHONE THE TRIJECOPY FROM RECORD III Tt'111tlmofljl whareof, IlUlralll'.to M my hand and too S$i:l1 of said rt II Carlisle, Pa. TIti allY 0 ~'),/jt2<r-- Pro ,.~ - . ~ , I; ", OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Date: ,;;2- '/- OD Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249.3166 or (800) 990-9108 WAGMAN, KREIDER & WRIGHT BY-))#i" t David A, Kreider, rileys for Plaintiffs 222 E, Orange Street, P,O, Box 1522 Lancaster, P A 17608-1522 (717) 397-7000 S,Ct,ID, No,: 38022 2 :.1-.--:...- _ " " ,,' I, "~ - '-, l1' , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICTOR A. TOMASO and NATALIA TOMASO, husband and wife Civil Action No, v, EXEL LOGISTICS, INe., and TIMOTHY SOKOLOSKI JURY TRIAL DEMANDED COMPLAINT I, Plaintiffs, Victor A, Tomaso and Natalia Tomaso. are husband and wife and reside at 4809 Arney Road, Harrisburg, Pennsylvania 17111, 2, Defendant Exel Logistics, Inc, (Exel) is a corporation incorporated in the Commonwealth of Pennsylvania with offices at 260 Salem Church Road. Mechanicsburg. Pennsylvania and has a service of process address in c/o CT Corporation System, 1635 Market Street, Philadelphia, Pennsylvania 19103, 3, Defendant Timothy Sokoloski is an adult individual with a last known address of 9 West Main Street, Mechanicsburg, Pennsylvania 17055. 4. TJMT/Brennan Transportation (Brennan Transportation) is a trucking company with offices at 50 Connecticut Drive, Burlington, New Jersey 08016, 5. At all times relevant hereto, Brennan Transportation was in the business of transporting customers' products from one location to another. 6, At all times relevant hereto, Mr. Tomaso was employed as a truck driver by Brennan Transportation, ."'" - " L,' - i , 7, Mr. Tomaso's duties for Brennan Transportation included driving a truck to customers' warehouse facilities, straightening freight on pallets, securing the freight with stretch wrap, tagging pallets of customers's product, and transporting the freight to another destination after the freight was loaded on the truck. 8, On February 12, 1999, Exel was a customer of Brennan Transportation, 9. On February 12, 1999, Mr. Sokoloski was an employee and servant of Exel and was acting as agent for Exel at all times referred to herein, 10, On February 12, 1999, Mr. Tomaso was dispatched by Brennan Transportation to Exel's premises located in Mechanicsburg, Pennsylvania to pick up and transport a load ofExel's product. 11. On February 12, 1999, Mr. Tomaso drove a truck to Exel's premises in Mechanicsburg and backed the truck up to a bay on the premises so that Exel's product could be loaded on the truck. 12, After parking the truck at the bay, Mr. Tomaso exited the truck to secure and tag freight that he was picking up. 13, As Mr. Tomaso was tagging Exel's product, Mr.'s Sokoloski, who was operating a fork lift backed the fork lift into Mr. Tomaso, , 14, As a result of being struck by the fork lift, Mr. Tomaso suffered serious injuries, including, but not limited to, the following: a. Flank, neck, knee and shoulder pain; b. Sprains and contusions; 2 , , ,1 'iIIi1'_: c, Swelling and bruising of left knee and calf; d. Internal derangement of left knee; e, Cyst in the left knee; and f. Depression, COUNT I Victor A. Tomaso v. Timothv Sokoloski Negligence 15, Paragraphs I through 14 are realleged and incorporated herein. 16. Mr. Tomaso's injuries as set forth in paragraph 14, herein, were caused by the negligence ofMr, Sokoloski, which negligence consisted of the following: a, Failing to keep a proper lookout while operating a fork lift; b, Operating a fork lift which did not have a warning beeper or other warning alarm; c, Failing to activate the warning beeper or other warning alarm on the fork lift; d. Failing to have a co-employee act as a lookout; e, Failing to properly operate and control the fork lift; f. Operating the fork lift in careless regard for the safety of others; g, Operating the fork lift without a license; h, Failing to exercise due care under circumstances which Mr. Sokoloski knew or should have known presented dangerous conditions 1. Using a fork lift which was not equipped with an adequate audible warning device at the operator's station and in operable condition in 3 ...~ "~ ~ L 1 "' ~, , violation of29 C.P.R. 91926,601; J, In violation of 1926.60 I, using a forklift in reverse without a reverse signal alarm audible above the surrounding noise under circumstances where Mr. Sokoloski had an obstructed view to the rear and , k. In violation of 29 C.F,R. 91926.760 I, using a fork lift without an observer signaling that it was safe to operator the forklift in reverse under circumstances where Mr. Sokoloski had an obstructed view to the rear. WHEREFORE. Plaintiff Victor A, Tomaso requests that judgment be entered in his favor against Defendant Timothy Sokoloski for an amount in excess of$25,000, plus interest and costs. The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure, COUNT II Natalia Tomaso v. Timothv Sokoloski Negligence - Loss of Consortium 17. Paragraphs I through 16 are realleged and incorporated herein, 18, As a direct result of Defendant Timothy Sokoloski's aforementioned negligence, Plaintiff Natalia Tomaso lost the assistance, society, care, comfort and companionship of her husband, Plaintiff Victor A. Tomaso, and she also sustained emotional strain, stress and depression, WHEREFORE, Plaintiff Natalia Tomaso requests that judgment be entered in her favor against Defendant Timothy Sokoloski for an amount in excess of$25,000, plus interest and costs, The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. 4 " ~ 'j, , COUNT III VictorA. Tomaso v. Exel Loe:istics, Inc. Negligence 19, Paragraphs I through 18 are realleged and incorporated herein. 20, Mr. Tomaso's injuries as set forth in paragraph 14, herein, were caused by the negligence of Exel, which negligence consisted of the following: a, Failing to properly train Mr. Sokoloski in the use of a fork lift; b, Failing to properly supervise Mr. Sokoloski's use of the fork lift; c, Failing to have another employee act as a lookout while Mr. Sokoloski used the fork lift; d. Allowing Mr. Sokoloski to use a fork lift that did not have a warning beeper or other warning sound; and e, Allowing Mr. Sokoloski to use a fork lift without activating a waming beeper or other warning sound; f. Allowing Mr. Sokoloski to use a fork lift without being properly licensed; g. Using a fork lift which was not equipped with an adequate audible warning device at the operator's station and in operable condition in violatiou of29 C.F,R. gI926,601; h, In violation of 1926.60 I, using a forklift in reverse without a reverse signal alann audible above the surrounding noise under circumstances where Mr. Sokoloski had an obstructed view to the rear; and 1. In violation of29 C.F.R, gI926.7601, using a fork lift without an observer signaling that it was safe to operator the forklift in reverse under circumstances where Mr. Sokoloski had an obstructed view to the rear. WHEREFORE, Plaintiff Victor A, Tomaso requests that judgment be entered in his favor 5 '^' L, against Defendant Exel Logistics, Inc. for an amount in excess of $25,000, plus interest and costs, The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. COUNT IV Natalia Tomaso v. Exel Loe:istics. Inc. Negligence -Loss of Consortium 21. Paragraphs I through 20 are realleged and incorporated herein. 22, As a direct result of Defendant Exel Logistics, Inc.'s aforementioned negligence, Plaintiff Natalia Tomaso lost the assistance, society, care, comfort and companionship of her husband, Plaintiff Victor A. Tomaso, and she also sustained emotional strain, stress and depression, WHEREFORE, Plaintiff Natalia Tomaso requests that judgment be entered in her favor against Defendant Exel Logistics, Inc. for an amount in excess of $25,000, plus interest and costs, The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure, COUNT V Victor A. Tomaso v. Exel Loe:istics. Inc. Vicarious Liabilitv 23, Paragraphs 1 through 22 are realleged and incorporated herein, 24, Defendant Exel Logistics, Inc. is vicariously liable for the negligence of Defendant Timothy Sokoloski. 6 .,i , -' -,I , - ^ - ~,,:-' \ n WHEREFORE, Plaintiff Victor A. Tomaso requests that judgment be entered in his favor against Defendant Exel Logistics, Inc. for an amount in excess of $25,000, plus interest and costs, The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure. COUNT VI Natalia Tomaso v. Exel LOl!istics. Inc. Vicarious Liabilitv 25, Paragraphs I through 24 are realleged and incorporated herein, 26, Defendant Exel Logistics, Inc, is vicariously liable for the negligence of Defendant Timothy Sokoloski, WHEREFORE, Plaintiff Natalia Tomaso requests that judgment be entered in her favor against Defendant Exel Logistics, Inc, for an amount in excess of $25,000, plus interest and costs, The amount claimed exceeds the jurisdictional amount requiring arbitration referral by Cumberland County local rules of civil procedure, WAGMAN, KREIDER & WRIGHT BY: David A, Kieider, eys for Plaintiffs 222 E. Orange Street, P,O. Box 1522 Lancaster, P A 17608-1522 (717) 397-7000 S,Ct.lD, No,: 38022 7 -,L "i., " ~ ' "- ~ . · 0 VERIFICA nON I verify that the statements made in the foregoing Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to facts based on the information of others, the undersigned, after diligent inquiry, believes them to be true, And further, as to language and averments which may constitute legal conclusions, I sign this verification on the recommendation of my attorneys who advise that the allegations and language in the Complaint constituting legal conclusions are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave determination of these matters to my attorneys on their advice, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S,A. S 4904 relating to unsworn falsification to authorities, Z:::. - / - .;r~ Victor KTomaso /l ?~-I~ . . ," { ~, . --,'~ " orner: f,L:" r~.T ~',\-~~:~!Ff C~~'1~- ,1';' fen S F) t: I',', ,j'. ,.~~",_~.I 1.\ 17 eH '00 , J ~, i k l f::'" ,~ '~,'~ -- .......,...,.-~~-,-,!~ , o ~"""",/i!II!I ~~~,~,_,,,,~ _...,..,.-"""" ~ 1-,- ,-,'- I , '"'~, . ro CEATIFIED TO BE A TRUE WAG1.~~~~~~~: ~~~~iGHT , 4 . .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICTOR A. TOMASO and NATALIA TOMASO, husband and wife Civil Action No. v. EXEL LOGISTICS, INC., and TIMOTHY SOKOLOSKI JURY TRIAL DEMANDED PLAINTIFFS' REOUEST FOR PRODUCTION AND COPYING OF DOCUMENTS AND THINGS DIRECTED TO DEFENDANT TIMOTHY SOKOLOSKI - SET NO, 1 Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Plaintiffs request that Defendant produce the documents hereinafter described and permit Plaintiffs, through their attorneys, to inspect them and copy such of them as they may desire. Plaintiffs request that the documents be made available for this inspection at the offices of Plaintiffs' attorneys located at 222 East Orange Street, Lancaster, Pennsylvania, within thirty (30) days of the date of service hereof. Plaintiffs' attorneys will be responsible for these documents so long as they are in their possession, Copying will be done at Plaintiffs' expense and the documents will be properly returned after copying has been completed, This request is intended to cover documents in the possession, custody and control of Defendant, her agents, employees, insurance carriers and attomeys, but does not include the following: I) disclosure of the mental impressions of Defendant's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories; 2) disclosure of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics of a representative of Defendant; or 3) disclosure of privileged - , "- i-I Co"~ I 1iHi1,. a1..:"'O . n information, The documents specifically covered by this request are: 1. All photographs, motion pictures, test results, maps, drawings, diagrams, measurements, surveys, sketches, summaries or other descriptions in any way related to the incident. 2, All exhibits which you intend to offer at trial. 3, All documents or other demonstrative evidence which will be introduced or used at trial. 4. The entire contents of any investigation file or files in your possession which in any way relate to the matter at issue. 5, All documents which verifY, deny, or include a reservation of rights with regard to insurance coverage for this incident. 6, Any policy of insurance, including the declarations page for the policy on the date of the accident, which protect you against the risk of liability which is the subject of this action, 7. All documents you made reference to in providing answers to Plaintiffs' Interrogatories to Defendants -- Set No, 1, 8, Mr, Sokoloski's license to operate a fork lift which was in effect on the date of the accident. 9. Any written documentation regarding the use offork lifts which Exel had on the date of the accident. 10. Manufacturer specifications for the fork lift involved in the accident. 11, [fmanufacturer specifications for the fork lift involved in the accident are not available, manufacturer specifications for fork lifts of the same make and model as the fork lift involved in the accident. 12, User manuals for the fork lift involved in the accident. J: , 'illk: . ~ 13. Ifuser manuals for the fork lift involved in the accident are not available, user manuals for fork lifts of the same make and model as the fork lift involved in the accident. 14. Exel training manuals in existence at or before the date of the accident for the use of fork lifts. 15, Any agreements, policies, or other documentation between Exel and Brennan Transportation regarding Brennan Transportation employee safety while on Exel property, 16, All accident reports regarding the incident. 17, Mr. Sokoloski's personnel file. 18. Any written notice or confirmation of disciplinary action taken against Mr, Sokoloski as a result of the incident. 19. Written job description for Mr. Sokoloski's position at the time of the accident. 20. The report of any expert expected to testify at trial. 21. Any statements by a party or witness to this action. 22, Any documents, not otherwise provided, regarding the use of the fork lift involved in the accident. 23, Any documents, not otherwise provided, pertaining to the accident. WAGMAN, KRElDER& WRIGHT ~~J(~ David A. Kreider, Attorneys for Plaintiffs 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S,Ct.ID. No.: 38022 ..... . .,-.;r- ,', ~- ,~ ~ ,- (J'fF:GE DF T"'-"E S}liEifrFF CI}H,;J' "''f fEB S 4 18 fll'UQ \),- P t: Ii I;:; i Li,~ d, i ,\ " " "', ',~,." " _.' "_~""",.~,.-!'~~~'IiiffilS~!\l!!!:~"...., '~~.m""";"'""!llPl!I!!lII!IlI!II!!. III!'l'''''JIII!I!!!IIIIII!I ""'"~ C" ""\ . , ". . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION,. LAW VICTOR A. TOMASO and NATALIA TOMASO, husband and wife Civil Action No. v. EXEL LOGISTICS, INC" and TIMOTHY SOKOLOSKI JURY TRIAL DEMANDED PLAINTIFFS INTERROGATORIES ADDRESSED TO DEFENDANT TIMOTHY SOKOLOSKI -- SET NO. I Pursuant to Rule No. 4005 of the Pennsylvania Rules of Civil Procedure, Plaintiffs serve the within Interrogatories on Defendant Timothy Sokoloski and make demand on Defendant to answer same under oath within thirty (30) days of the date of service hereof, A. INSTRUCTIONS I, These Interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you obtain further or additional information up to the time of the trial of this case. 2. The answers to these Interrogatories shall reflect the cumulative knowledge of all representatives, agents, and employees of the party to whom they are addressed. 3. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such and accompanied by an explanation as to the basis on which the estimate is made and the reason the exact information cannot be furnished. I .'-~ - ~,~- i" '. jf~ " 4. Where knowledge, information or documents in the possession of a party are requested, such request includes knowledge, information or documents in the possession of the party's agents, representatives and attorneys. 5. If any document was, but no longer is in your possession or subject to your control, state what disposition has been made of it. B. DEFINITIONS I. "Documents" or "records" refers to writings and printed materials of every kind, including any memoranda, photographs, drawings, blueprints, graphs, charts, telegrams, letters, contracts, diaries, notes, wall books, articles, magazines, journals, newsletters, sketch books, textbooks, brochures, laboratory records, audio or videotape, as well as electronically created data and other compilations of data from which information can be obtained or translated, if necessary, by you through detection or recovery devices, into reasonably usable form, 2, "Identify" as applied to a person means to state the following: (a) full name; (b) title, if any; and (c) present home or business address. 3. "Identify" as applied to any writing means to state the following: (a) its date; (b) identity of its author(s); (c) identity of its sender(s); (d) identity ofperson(s) to whom it is addressed; ( e) identity of recipient; (f) format; (g) title; (h) number of pages; (i) complete summary of contents; and (j) identity of person( s) known or believed to have possession, custody or access to the writing. 4. "Identify" as applied to an oral statement, conversation or conference means to: (a) identify the person making each statement, the person whom each statement was made, and all other persons present at the time of each statement; (b) state the date of such statement, 2 ,~ 1 ~ II, n ,. conversation or conference; (c) state the place where such statement, conversation or conference was held; (d) if by telephone, identify the person receiving the telephone call, the person making the call, and the places where the persons participating in the call were located; and (e) state in detail the substance of each statement, conversation or conference, 5. "Person" means any individual, firm, association, partnership, corporation, or trustee and also, where relevant, the person representing or acting for such "person." 6. "Explain" or "state" means to set forth every fact relevant to the answer to the Interrogatory and to set forth each such fact fully and unambiguously. 7. "Accident" or "incident" refers to the February 12, 1999 accident more thoroughly described in Plaintiffs Complaint. 8. "You" or "your" refers to Timothy Sokoloski, together with his agents, servants, employees, officers, directors, and all other persons acting or purporting to act on his behalf. 9. This discovery does not include the following: I) disclosure of the mental impressions of Defendant's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories; 2) disclosure of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics of a representative of Defendant; or 3) disclosure of privileged information, 3 - , ," . ~, .-:. It C, INTERROGATORIES I. State your full name, date of birth, Social Security number, current occupation, current employer and home address. 2. State the name and address of each high school, college, or educational institutions you have attended, listing the dates of attendance and the major course of study, 3. On the date of the accident, state whether Mr. Sokoloski had to be licensed to operate a fork lift, and if so, state whether he had a current license to operate a fork lift and identify the authority which issued the license. 4 -!Il: . " 4. IdentifY the manufacturer, and state the make, model, and serial number of the fork lift that was involved in the accident. 5. Did the fork lift which was involved in the accident have a warning beeper or other warning signal, and if so, why wasn't the beeper or signal on when the accident occurred? 6. Provide a detailed description of what Mr. Sokoloski was doing when the accident occurred. 5 ",. f'j <J'. f' 7. Describe in detail what Mr. Tomaso was doing when the accident occurred. 8. Describe in detail how the accident occurred. 9. What was Mr. Sokoloski's job title at the time of the accident and how long had he been employed by Exel in that position? In answering this interrogatory, please include a detailed job description of the position held by Mr. Sokoloski at the time of the accident. 6 ~~O.~ , , . ~ '1:'1 , (f 10. Describe in detail Mr. Sokoloski's training and experience in operating a fork lift prior to the date of the accident. 11. Describe any actions taken by Mr. Sokoloski or Exel to avoid the accident. 12. Describe any actions taken by Mr. Sokoloski or Exel before the date of the accident to avoid having a person struck by a fork lift. 7 r- I . .~ ,,, -~ I-~ , f. 0 } 13. State who was at fault in causing the accident, and state all facts upon which your answer is based. 14. IdentifY all persons who witnessed, either by sight or hearing, the accident and describe in detail what each person saw or heard. 15. State whether any disciplinary action was taken against Mr. Sokoloski as a result of the accident, and if so, describe the disciplinary action taken. 8 ~ ~~ L . ,,' ''''-' ,,' 1" , 16. Did Exel have a company policy regarding the use of fork lifts on or before the date of the accident, and if so, describe in detail that policy and state whether the policy was written. 17. If Exel had a written company policy regarding the use of fork lifts on the date of the accident, state whether Mr. Sokoloski had been provided with a copy of that policy prior to the date of the accident. 18. Are you aware of any laws, regulations, ordinances,' or other statutory authority which requires fork lifts to have a warning beeper or other signaling device? If so, cite the authority. 9 ""'". ...... . -. . 19. What is the address for the location where the accident occurred? 20. State whether there are any agreements or policies between Exel and Brennan Transportation which include any provisions pertaining to the safety of Brennan Transportation employees while on Exel property, and if so, provide a detailed description of those agreements or policies. 21. Are there any photographs, motion pictures, maps, drawings, diagrams, measurements, surveys or other descriptions regarding the accident, and if so, identifY each person presently having custody of same. 10 ,., 11: II( ., ') 22. State whether any investigations into the accident have been made by you or on your behalf, and if so, state the identity ofthe person who conducted the investigation, the date(s) the investigation was conducted, and the conclusions of the investigation. 23. IdentifY each witness you expect to call at the trial ofthis case and set forth in detail each witness' expected testimony. If any of the witnesses are experts, state the subject matter on which each expert is expected to testifY and the substance ofthe facts and opinions to which each expert is expected to testifY and a summary of the grounds for each opinion. II ,- ~ -:t . >< 11, ~ 24. IdentifY all persons having knowledge of events set forth in the pleadings and state the relationship or acquaintance of such persons with the party answering these interrogatories. 25. IdentifY all individuals who prepared or supplied information in the preparation of these interrogatories, including the individual's relationship to the answering party and home telephone number. 26. Was Exel issued a citation or other written warning by any governmental entity as a result of this incident, and if so, identifY the entity, describe the citation or warning, and state how the citation or warning was resolved. 12 , - -.., . ~ " ".... . -..::- .-... .. 27. Describe in detail the business engaged in by Exel, and in particular state what is the function of the accident site property in relation to the business. WAGMAN, KREIDER & WRIGHT BY: David A. Kreide , Plaintiffs 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct.ID. No.: 38022 13 '" SERVE ON: TIMOTHY SOKOLOSKI ONLY ~ ~ ..,,,,:tC :~ I, ,--'I,:: :':-,HE~~IFF OfF;CI~' _,..., " , '.I ' rea " II 18 [ill ~OO , t, j , In \'" r, ~- , 1 , , , , " if-'. " W.WiI/fO . . I . . ~. ,'" ,., Fr. - ". - _~_ _, _ '0 _, __ .'. ",.,,,,"""'""' . _~ ~~, ~. :'l!OO'J1il!.~ m~" ~". ~ ~ ~ ~ ~ ~ """'" '" ".,. '1,- ,1I!Il