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Home My WebLink About00-04952 "~,- - ~ '"-, - '" -""~ JUNE BIGLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. DO -~9S:~ CIVIL TERM v. GIANT FOODS STORES, INC. and SNYDERS OF HANOVER, INC. Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 may be 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 Plaintiff. 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 ,- ~ -, JUNE BIGLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. t.J-o - </q S' ,L, CIVIL TERM GIANT FOODS STORES, INC. and SNYDERS OF HANOVER, INC. Defendants JURY TRIAL DEMANDED COMPLAINT Plaintiff, JUNE BIGLER, by her counsel, Taylor P. Andrews, Esquire, of Andrews & Johnson, respectfully represents: The Parties 1. Plaintiff, JUNE BIGLER, is a competent adult who resides at 5 Circle Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, SNYDERS OF HANOVER, INC., is a Pennsylvania corporation with business offices at Centennial A venue and Lafayette Street in Hanover, Pennsylvania, 17331. 3. Defendant, GIANT FOOD STORES, INC. is a Delaware corporation that conducts business in Pennsylvania with an office at 1149 Harrisburg Pike, Carlisle, Pennsylvania 17013. The Incident 4. On July 24, 1999 at approximately 8:30 a.m. the Plaintiff, June Bigler, was a customer at the supermarket at 255 South Spring Garden Street, Carlisle, Pennsylvania, owned and occupied by the Defendant, Giant Food Stores, Inc. 5. At the above referenced time and place Plaintiff was shopping in one of the aisles of the supermarket when she was struck from behind by a push-cart loaded with merchandise. . - ~ ,.-~ ' ~,- 6. The above referenced push-cart was loaded with merchandise of the Defendant, Snyders of Hanover, Inc., and was pushed by an agent of Snyders of Hanover, Inc., which agent, was acting within the scope of his employment by Snyders of Hanover, Inc. 7. The push-cart referenced above was stacked so full of merchandise that the individual pushing the push-cart could not see in front of the push-cart, and therefore, did not see the Plaintiff as she shopped within the supermarket. 8. The push-cart used by the agent of Snyders of Hanover, Inc. was supplied by Giant Food Stores, Inc. for the purpose for which it was used The Injury 9. As a result of being struck by the above referenced push-cart, the Plaintiff suffered a laceration to her lower right leg. 10. At the time of this injury Plaintiff was 71 years of age and she weighed 78 pounds. 11. As a result of this injury Plaintiff received treatment at the Carlisle Hospital Emergency Room on July 24, 1999 and July 25, 1999. 12. As a result of the complications in the healing of this laceration the Plaintiff had six examinations by her personal physician; 38 appointments with the Wound Center at Penns Wood Physical Therapy; and 11 appointments with a plastic surgeon. 13. As a result of her injury the Plaintiff suffered significant and prolonged pain and emotional distress and Plaintiff also experienced a significant restriction in her daily activities for a period of five and one-half (5 1/2) months. June Bigler v. Giant Food Stores. Inc. 14. Paragraphs 1 through 13 above are incorporated herein by reference. 15. At the time of the above referenced incident Plaintiff was a business invitee of the Defendant, Giant Food Stores, Inc. 16. Defendant Giant Food Stores, Inc. breached its duty to Plaintiff in the following ways: A. Giant Food Stores, Inc. failed to regulate the actions of Snyders of Hanover, Inc. to assure the safety of patrons of Giant Food Stores, Inc. B. Giant Food Stores, Inc. either failed to limit, or failed to enforce established limits to the amount of inventory which could be stacked on a push-cart used for restocking shelves within the store. C. Giant Food Stores, Inc. failed to limit, or failed to enforce established limits as to the times when suppliers could restock merchandise within the store. D. Giant Food Stores, Inc. provided no supervision to the Snyders of Hanover, Inc. agent who was restocking store shelves. E. Giant Food Stores, Inc. provided the push-cart to the agent of Snyders of Hanover, Inc., and the push-cart was designed so that merchandise could be stacked to obstruct the view of the pusher of the push-cart. Such dangerous use of the push cart was forceeable. 16. The above referenced actions of Giant Food Stores, Inc., through its agents, was unreasonable and negligent. 17. The above referenced negligent actions of the Defendant, Giant Food Stores, Inc., were a proximate cause of the above referenced injuries to the Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant, Giant Food Stores, Inc., in an amount that exceeds the limit for compulsory arbitration in the Court of Common Pleas of Cumberland County ~ - " " June Bigler v. Snyders of Hanover. Inc. 18. Paragraphs 1 through 13 above are incorporated herein by reference. 19. The agent of Snyders of Hanover, Inc. failed to use reasonable care and was therefore negligent in the following respects: A. The Snyders of Hanover, Inc. agent stacked the push-cart to a level that his view was obstructed as he pushed the push-cart through the store. B. The agent of Snyders of Hanover, Inc. did not maintain an adequate watch for individuals who were in the way of the push-cart that he was pushing. C. The agent of Snyders of Hanover, Inc. did not maintain adequate control of the push-cart that he pushed to avoid contact with customers within the store. D. The agent of Snyders of Hanover, Inc. did not provide any warning to the Plaintiff that he was approaching with the heavy push-cart. 20. Snyders of Hanover, Inc. is vicariously liable for the negligent acts of its agent. 21. The above referenced acts of the agent of Snyders of Hanover, Inc. were a proximate cause to the injuries suffered by the Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant, Snyders of Hanover, Inc. in an amount that exceeds the limit for compulsory arbitration in the Court of Common Pleas of Cumberland County. By: aylo P. Andrews, Esq. ney for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 " . ~- <,. -.- I verity that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. c.s. ~ 4904, relating to unsworn falsification to authorities. DATE: & _ '2- V> -00 ~WvJ- ~ A~A' JU(JBigler, Plaintiff ,,"'-~ "- ~,=~~~~, < . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-04952 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BIGLER JUNE VS GIANT FOODS STORES 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 and inquiry for the within named DEFENDANT , to wit: SNYDERS OF HANOVER INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 31st , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK CO 18.00 9.00 10.00 34.63 .00 71.63 07/31/2000 TAYLOR ANDREWS SO~ R. Th mas Kline ' Sheriff of Cumberland County Sworn and subscribed to before me this /1112:-' day of ~!.u-I-' ,).111>0 A. D . 01''- qr~h~~~i:a~ .,--"~ ~~ ~. SHERIFF'S RETURN - REGULAR CASE NO: 2000-04952 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BIGLER JUNE VS GIANT FOODS STORES INC ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIANT FOOD STORES INC the DEFENDANT , at 0013:30 HOURS, on the 14th day of July , 2000 at 1149 HARRISBURG PIKE CARLISLE, PA 17013 by handing to SHERIE BRESKI (PARALEGAL) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.10 .00 10.00 .00 19.10 r'/? ...eJI' ~.l.~r:~ 1.t:~ R. Thomas Kline ~ 07/31/2000 TAYLOR ANDREWS Sworn and Subscribed to before / I By: ~ me this J~~ day of o:~ .;lU-r(J A. D . "A- a ~r 0_;;- " Prothonotary , ; Deput ,---- ----.-' COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE ' INSTRUCTIONS .' PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYpE OtilLYI,..INES1 TO 12 ., DONOr DETACHANYCOPIES. 1. PLAINTIFF/Sf 2. COURT NUMBER 20-4952 Clvil June Bigler 4. TYPE OF WAIT OR COMPLAINT 3. DEFENDANTIS/ Notice & Complaint Giant Food Stores, Inc. , et. a1. SERVE { ~ anover, PA 173 7. INDICATE SERVICE: ERSON IN C ARGE DEPUTIZE UIIII'bERII::MmD.d [J 1ST CLASS MAIL NOW 19 _I, SHERIFF OF ~~cOUNn: PA ::erJ, COUNTY to exec' . to law. This deputation being made at the request and risk of the plaintiff. a SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUMBERLAND ADVANCE FEE PAID BY CUMBERLAND COUNTY NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any propertY under within writ may leave same without a watchman. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereot 9. rrA~~ Afj~ A~~~;r~Q:/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 78 W. POMFRET ST., CARLISLE, PA 17013 (717) 243-0123 7/13/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice [s to be mailed). 13. I acknowledge receipt of the writ or complaint as indicated above. CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE. SH!;RIFFONI.Y - DO NQT WRIT!; BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearing Date J. LUDWIG 7/17/00 8/12/00 RESIDENCE ( ) POSTED ( POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 16. HOW SERVED: PERSONAL ( ) 22. REMARKS: 42.day of 47. D" /'7 60 48. Date 41, AFFIRMED and subscribed to before me this 43. WILLIAM M. HOSE 7/26/00 49. Date 46. 19nature of Foreign MY COMM SION EXPIRES Coun Sheriff 50.1 ACKNOWLEDGE RECEIPT OF T E HERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE. Issuing Authority 2. PINK ~ Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office 51. Date Received i;! " lr ;:::('\f.~ , OFFlC-" v-IVED" t:: OF SH YORK. fAI/FF '0 ' PA o JUL 1 7 . Rf/1.Z 57 '-!'in_lite 1l111111~_! T!nA~ "~j~r ; '1,~_~~~~j__~~~~~~~~~<~=t",.,"~K ,~ ,-~ ,---:--:--, ,,-.:t_ ,"- . - . - ----:i'~--7~-=--~--,-,-'~.""=.,,_____' '- ~.. ~.- ... . ----- ~ muNTY OFJ'QRi<; OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKETST.; YORK, PA 17401 ....'.,t.. INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2. COURT NUMBER 20-4952 Civil 4. TYPE OF WRIT OR COMPLAINT .' SHERIFF SERVICE ~~Oc;ESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTI June Bi ler . DEFENDANT Giant Food 'No~ice & Complaint Stores, Inc., et. a1. ~ -- _.' , SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC. TO SERVE OR OESCRI I N ~, Snyders of Hanover, Inc. ..."...... 6. (STRSET OR AFO WI B X NUMB!;, N" ,I ,BORO, TWP., STATE ZIP CODE -AT ette/~ts $!nover -PA 1,73 7. INOICA'!E '!ERVlCE; _ 0 P~RS AL Q PERSON IN CHARGE I!I'D!=pUT-'Z~ . d .. 1;1 1ST CtASS MAIL '.0 postED a OTHER NOW 7/1'" Inti 19_I,SH~RIFF()F~OUIlll"Y,PA,doherebydeputizethesherllfof , ,.---- (.: " -.....315:=~t '.' I. ~_'_'.:\'_ --_'co~r.trytoe~e9.~l@t.tJlf!)Vrl!l!ndrp~~,e..,turnt~here9facqo~Ing to law. This deputation being made at the requellt and risk of the plaintiff. . ':,,:-"_-,- .. 1 ,~~_ .sHERIFF OF JRiJK)i(OUNT'1' 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OLD._ .,~ I' Cumberland ~ ClOT CF COUNTY CUMBERLAND AI:JVP.N::E FEE PAID BY CUMBERLAND COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.D. WAIVER OF WA~CHMA'N ~ Any deputy sheriff le~ing up;~-~;' attaching any property under within writ may leave same without'i watchman, in custody of y;ihomever is found In possession, after notifying person at levy or attachment. without liability on tbe part of such deputy or the sheriff to any plaintiff herein Tor any loss, de.strucllo(l, br removal.~f any Pr:oPEt_rty. b~f.?.r.~_~~~rJff'.s_ ~11il ~ryer,e.of. . - . /~_- ~~~____- 9. 'TlfImAf{!>..A~~:ORIGINATORandSIGNATURe ~ - . 10~TELEPHONE_N~MBEA' 11. DATE FILED 78 ..~ l?I!MFREi' ST., CARLiSLE, FA 17013 " (717) 243-0123 7/13/00 12. SEND NcmCE OF ~E~VICE CO~Y TO NAM~ AND ,~Do._~ESS ~ELOW.:J[~is l!'.'8a "!lust.be C?Omp~eted If notlc,e 1& to ~e mailed)." , -' ',';'. ~ - -~ :" '.._-,;~-:..-"-.;-.>__..',;. ".~'" "i;l-~~-,;,-_"""",'-'-~..-r..,.~~~-"-""",-,.-.,;....~""-~' -'-,~,~' ; .".c:' '-~:':'-i:':~';}. -'-.' .--. ~ <XlUNTY SHERIFF ',- '..... ""'-:'C:\;_,>SPACE BLOW F R SE OFT E HERIFF ONLY - DO NOT WRITE B LO SIGNA: FAUTH R ED L K 14. Date Received ---J. LaDWIG 7/17/00 HIS LINE " 13, I acknowledge receipt of the writ or compl~JIE: as IndIcated above, 15. Expiration/Hearing Date 8/12/00 ,,~~ID~NCE ~ ) "" _ !.,?STED1) - POE ( ) SHERIFF'S OFF ( .) ~.,,~--~,- -------- .~' ,--.~"' 16. HOW SERVED: PERSONAL ( ) 17.01l1ere certi and return 8: NOT FO:UND ):I~cause I am unal;Jle to 10ca!E;l the.ln,qi",dl;!al ~!'1 ,9Q 5?~~tl9n, ete r1_amed ab,QVe. 22. REMARKS: r (7/;f7!~ <:::>7??- ue OT Refund . "_: " _J}_....,,.. '~.)',:>~-'i';~. -.-t*. "'~-'.'- - ," 41. AFFIAME~>>d}iueqribed to ~~1~r~ ~.~~~s.' 42. day of :. JQ:t,y ,._~...~. '. .. ""t-; 44. Signalu,. ?' Q t;'l 65. Signature of York ' County Sheriff WILLIAM M. a::JSE: 46. IgnatlJre 0 orelgn ~ v'~~ 43. 47.0ate / 7 /'-. 00 48. Date .' 49. Date 5Q.II\CKNOWCEDGt REG.tIPr OF E ERIFf'S RETURN SiGNATURE OF AUTHORIZED ISSUJ~G AUTHORITY AND TITLE 1. WHITE -Issuing Authority 2. PINKc"'Attomey 3. CANARY - ShEiriffs 9ff1ce 4. BLUE. Sheriff's Offlc'e 51. Date Received . -~ . ',_.~---,-"~_.----,, . " , , JUNE BIGLER, Plaintiff v. GIANT FOODS STORES, INC. and SNYDERS OF HANOVER, INC. Defendants TO THE PROTHONOTARY: It,;,b.- - " : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-4952 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE Please mark the above captioned case as settled and discontinued. ANDREWS & JOHNSON By: T or , Aii.drews, Esq. tt ey for Plaintiff West Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 ~-~.._..~ ~" ~~ ....."'U~~~ ~ , _.."''^._,~- ~~~~. "" ~~ ." ~ "~ _l!aI ~. -.. 0 r:=> () C <:::) -'q- 5: ".. -aU) ~ -, c_ '~J n"lf1' uJ Z'-" _.U ~-~:H zc _J .:./ '7~ ~;~::; '~;o ~C' ""V ~~~ PC) -:<2.- Ze' >e: :si ~ ,,-, :L1 (J"> -<