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HomeMy WebLinkAbout97-01201 I \ ! J u ~ '" \'s )-" ~ II) ~ v ~ ~ ~ ~ \ '" \ j / // ./ ,; .' / =- .. .::> ~ ~ ~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 -120/ CIVIL TERM I , i ; I t ANELYCH G. POYDENCE, Plaintiff VINCENT ARTHUR POYDENCE, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(cl OF II:IE DIVORCE CODE NOW comes the plaintiff, Anelych G. Poydence, by her attorney, Rebecca R, Hughes, Esquire, and files this complaint in divorce against the defendant, Vincent Arthur Poydence, representing as follows: I. The plaintiff is Anelych G, Poydence, an adult individual residing at 701 North Hanover Street, Apartment A 101, Carlisle, Cumberland County, Pennsylvania 17013, 2. The defendant is Vincent Arthur Poydence, an adult individual residing at 712 North Hanover Street, Apartment F 204, Carlisle, Cumberland County, Pennsylvania 17013. 3, The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce, 4, The plaintiff and the defendant were married on October 10, 1987 in Carlisle, Pennsylvania. S. There was one child born to this marriage, namely, Karen Alyce Poydence, age 8, born October 6, 1988. ,j I I 6. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably b.oken, ., 7, The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. REBECCA R. H H Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court ID No. 67212 Date: March 1--, 1997 RICHARD PICKEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97.0267 CIVIL vs, MAKITA ELECTRIC WORKS, LID., MAKITA U.S.A., INC., GRIZZLY IMPORTS PA, INC" and EBERLY'S LUMBER CO" Dcfendants JURY TRIAL DEMANDED ...........--...............................---...................-...........---..........----.........................................--..........................-............................---... RICHARD PICKEN, Plaintiff vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :-( CIVIL ACTION - LAW 97.1202 CIVIL .. . I WOEI, LIH, SUPERHARD TOOL : CORPORATION, and LUX-CUT CORPORATION, JURY TRIAL DEMANDED Dcfcndants ~' IN RE: MOTION TO CONSOLIDATE " <- po.; ORDER AND NOW, this 6 ... day of May, 1997, a rulc is issucd upon thc dcfcndants in the abovc captioned mattcrs to show causc why thc plaintifr5 motion to consolidatc thcsc cases ought not to bc grantcd. This rulc returnablc twcnty (20) days aftcr scrvice. BY THE COURT, K~X"H:::I- / .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA d ,. ., , ,I " I. ! MOTION TO CONSOLIDATE NOW COMES the Plaintiff, Richard Picken, by and through his attorneys, WILT, FREEBURN & MENSEL, and moves the Court to . consolidate the two above-captioned matters under a single case number for the purposes of both discovery and trial, pursuant to Pa, R.c.P. .213(a). In support of his motion, Plaintiff states as foHows: 1. Doth of the above-captioned actions arise from an incident that occurred on March 8, 1995, when the plaintiff, Richard Picken, was injured while using a router manufactured and distributed by the Makita defendants, and sold at retail by Eberly's Lumber Company together with a bit sold at retail by Grizzly Imports PA, Inc, and manufactured and distributed by Woh, Lih Superhard Tool and Lux-Cut Corporations, the Defendants in the second action. The complaints in the two actions are attached hereto as Exhibits "A" and "D." 2. In both actions, the Plaintiff alleges that the products in question, the router and the bit, were defectively designed and/or defectively manufactured, and also that they were negligently designed and negligently manufactured, In addition, plaintiff raises allegations of breach of warranty in each of these actions, 3, As the complaints indicate, these two matters involve common questions of law and fact, involve parties connected in chains of distribution involving the two products, and should be consolidated in the interests of , judicial economy and in order to avoid conflicting judgments or verdicts. 2 .. ~;.'..'VA"'" WHEREFORE, Plaintiff, Richard Picken, respectful1y requests that the Court enter an order consolidating these matters for both discovery and trial. Respectfully submitted, WILT, FREEBURN & MENSEL By: bert E. Mensel, Esquire Attorney 1.0.# 77410 4775 Linglestown Rd., Ste. 200 Harrisburg, PA 17112 (717) 671-1955 DATE: l.fj3d/9 7 Attorneys for Plaintiff :I , .".'..,..... .. (~) Exhibit A - .. / . " RICHARD PICKEN, 11-1 THE COURT OF COMMOn PLEAS CUMBERLAND COUNTY, PEr IHSYLVANIA Plaintiff , ~,O. 267 TERM 1997 v. " MAKITA ELECTRIC WORKS, LTD., MAKITA U.S.A., INC., GRIZZLY IMPORTS PA, INC. and EBERLY'S LUMBER COMPANY, CIVIL ACTlOIIJ. - LAW Defendants. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. II 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 may be entered against you by the Court without further notice for any mon-,y claimed In the Complaint or for any other claim or relief requested by the Plaintiff. You may 1~~e 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 LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240,6200 WILT, FREEBURN & MENSEL DATE: 1/1 J c, 7 Rpbert E. Mensel, Es ire Attorney 1.0.11 77410 ;,. . 4775 Lingleslown Road, Sle. .200 Harrisburg, PA 17112 . (717) 671-1955 -, '.. Attorney for Plninliff -, .-., : NOTICE " " Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de pla70 al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar unGl orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alJvio que es pedido en la pelicion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 DATE: 2/; J0 7 WILT, FREEBURN & MENSEl ULi/ll~ R6bert E. Mensel, Esquire Attorneyl.D.1I 77410 4775 Linglestown Road, Sle. 200 Harrisburg. PA 17112 (717) 671,1955 AttOrf1.:'Y f.'r Plnintiff RICHARD PICKEN, Plaintiff, In THE COURT OF COM MOl I PLEAS CUMBERLAND COUNTY, PEIINSYLVANIA v. NO. 267 TERM 1997 MAKITA ELECTRIC WORKS, LTD., MAKITA U.S.A., INC., GRIZZLY IMPORTS PA, INC. and EBERLY'S LUMBER COMPANY, " CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED COMPLAINT AND NOW, comes plaintiff, Richard Picken by his allorneys, Wilt, Freeburn & Mensel, and files the following complaint: PARTIES 1. Plaintiff Richard Picken is an adult individual residing at 257 Roxbury Road, Newville, Cumberland County, Pennsylvania. 2. Defendant, Makita Electric Works, Ltd. ("Makita Electric"), is a corporation incorporated under the laws of Japan. Makita Electric maintains corporate headquarters at 11,8, 3-CHOME, Sumiyoshi-Cho, Anjo, Aiechi 446, Japan. 3. Defendant, Makita U.S.A. Inc. ("Makita U.S.A."), is a corporation with its principal place of business localed at 14930 Northam Street. La Mirada, Califorf'lia 90638. 4. Defendant. Grizzly Imports PA, Inc. ("Grizzly"), is n corporation oI9:1ni::od undel lile l.l\\'S of tilc COl11mol1\\'c:1ltil of Pcnnsylvanin. conducting business at 2406 Reach Road, Williamsport, Pennsylvania 17701. Grizzly is the designer, manufaclurer, and/or distributor of a one'half inch Ogee fillet raised panel bit, item G1586 (the "Bit"). 5. Defendant, Eberly's Lumber Company ("Eoerly's"), is a - corporation organized under the laws of the Commonwealth of Pennsylvania, and conducts business at 135 West Allen Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. At all times relevant to this litigation Eberly's was a retail distributor of Makita power hand tools, including Makita router, model 3612B, serial number 1425E (the "Router"), JURISDICTIONAL ALLEGATIONS 6. Makita Electric is the designer and manufacturer of electrical hand tools, including the Router, which hand tools are exported and distributed within the Commonwealth of Pennsylvania. At all times relevant to this litigation, Makita Electric knew that its hand tools would be purchased and Used for various purpose~ within the Commonwealth of Pennsylvania. 7. Makita U.S.A. is licensed to transact business in the Commonwealth of Pennsylvania. Makita U.S.A., Inc. imported and distributed Makita electrical hand tools including the Router within the Commonwealth of Pennsylvania. FACTS tile ROlllel from Ebl'i1y's. 8. On or <1boul June 20. 1987. pin in tiff. Ricilard Picken. purch<1sed 9. On or about March 3,1988, Richard Picken purchased the Bit from defendant, Grizzly under invoice number 36397, a true and complete copy of which is allached hereto as Exhibit "A". 10. On or about March 8, 1995, Richard Picken w<\s injured while working with the Router vlith Bit allached in connection WJth his occupation as a cabinetmaker and woodvlOrker. He was using the Router and Bit in the normal, intended and foreseeable fashion when the Bit dug into the wood he was working on and the router to began to shake and vibrate violently. 11. Richard Picken allempted to deactivate the Router with the cut-off , switch on the Router, but was unable to do so due to the design, positioning, and resistance of the cut-off switch and guard for the cut-off switch. 12. In allempting to deaclivate the Router with the cut-off switch Richard Picken loosened his grip on the right handle of the Router and the Router vibrated violently backwards toward him, causing him to guard his body with his right hard, which was severely cut by the router bit. 13. As a result of this incident, Richard Picken suffered severe injuries, damages and losses, including physical injuries to his nerves, bones and soft tissues, many of which are permanent, including, but not limited to: (a) Severe laceration of his right hand; (b) laceration of the tendons and ligaments of the right hand; (c) laceration of the tendons and Iigamenls of the right ring finger; I (d) Injury to the right forearm extending to the elbow; (e) Total disability of the right ring finger: (f) Partial disabilily of the right hnnd: (9' Pnltial disaL'ihty of his cnllre body: (h) Permanent scarring of the right hand; and (i) Other abrasions, lacerations, and bruises. 14. As a result of the injuries he sustained in the aCcident, Richard Picken has suffered and will continue to suffer for the rest of his life great physical pain and discomfort. 15. As a result of the injuries he sustained in the accident, Richard Picken has suffered and will continue to suffer for the rest of his life severe mental anguish and emotional distress. , , 16. As a result of the injuries he sustained in the accident, Richard Picken has suffered and will continue to suffer inconvenience and impairment of his ability to work as a woodworker and cabinetmaker, and has suffered losses of earnings and opportunities. 17. As a result of the injuries he sustained in the accident, Richard Picken has suffered and will continue to suffer a permanent reduction of his earning power and capacity. 18. As a result of the injuries he sustained in the accident, Richard Picken has been forced to incur liability for medical treatment, medicalions, hospitalizations, surgery, and similar medical expenses in an effort to restore himself to health. 19. As a result of the injuries he sustained in tre accident, Richard Picken will be forced to incur liability for additional medical expenses and rehabilitation costs in the future. .1 20. As a result of the injuries he sustained in the accid.::nt, Richard Picken has suffered and will continue to suffer permanent loss of life's pleasures and enjoyment. 21. As a result of the injuries he sustained in the accident, Richard Picken has sulfered and will continue to sulfer severe disfigurement, including severe scarring of his right hand and the permanent and visible loss of mobility of his right ring finger, and frequent discoloration of that finger. 22. As a result of the injuries he sustained in the accident, Richard Picken has suffered and will continue to sulfer permanent embarrassment and , , humiliation as a consequence of the scars and loss of function of his right hand. 23. As a result of the injuries he sustained in the accident, Richard Picken has sustained and will conlinue to sustain incidental costs and expenses, the exact amount of which cannot be ascertained at the present lime. COUNT I: STRICT LIABILITY IN TORT RICHARD PICKEN v. MAKITA ELECTRIC WORKS. LTD. 24. The allegations set forth in paragraphs 1-23 above are incorporated herein by reference thereto as if set forth in their entirety. 25. At all times relevant to this litigation, Makita Electric had a duty to design and manufacture its products, and in particular, the Router so that it , would be reasonably fil, suitable, and safe for its intended or foreseeable uses. 26. The Router was defectively designed. and was not fit, suitable, or sale for its intended or loreseenble uses. inasmuch as it was designed with its cul'oll power swilch behind a barriel ~anel. nnd the switch required excessive " -..,."_." ~ , force to move the sVlitch lever from the on po~ition to the off position. Consequently, Mr. Picken was required to loosen his grip on the Router's handle in an altemptto deactivate the machine when the accident occurred. 27. The Router was further defectively designed, and nOot fit, suitable or safe for its intended or foreseeable uses because it lacked a cut-off power switch built into either of its handles, or in the alternative, a switch which would have allowed Mr. Picken to deactivate the Router without loosening his grip on the machine handles. 28. As a direct and proximate result of the defective design of the , , Router, Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE, plaintiff, Richard Picken, respectfully request that this court enter judgment in his favor and against defendant, Makita Electric Works, Ltd. in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), plus interest and costs of suit. COUNT II: NEGLIGENCE RICHARD PICKEN v. MAKITA ELECTRIC WORKS. LTD. 29. The allegations set forth in paragraphs 1-28 above are , incorporated herein by reference thereto as if set forth in th'eir entirety. 30. Makita Electric had a duty to exercise ordinary care under all the circumstances in the design of the Rouler. 31. tvlnkiln Electric brenched its duty of rensonnble cnre when it designed the Router with it~ power cut-off power switch behind a b;llricr pnnel: /0 whon It doslgnod tho Routor GO l\~ to roqlJiro oxco:.:.ivo forco to move the cut-off powor !lwitch lovor from tho on po:;ilion to tho oil po:.ilion, and when it designed tho Router without a cut,oll powor !iwitch built Into either of its handles, or in the olternntivo, 0 !iwltch which would havo allowed Mr. Picken to. deactivate the Routor without loor.oninu hb !lrlp on tho machine handleS. 32. A:; II diroct IInd proxlmato resull of the breach of duty set forth obovo, tho plalntill, Richard Picken, !iullered serious and permanent injuries, damagos ond losso:. 05 50t forth above. WHEREFORE, the plaintiff, Richard Picken, respectfully request that this court entor judgment In his favor ond against defendant, Makita Electric Works, Ltd. In on IImount in excoss of TWENTY,FIVE THOUSAND DOLLARS ($25,000.00), plus Interest and costs of suit. COUNLllliJREACH OF IMPLIED WARRANTY OF MERCHANTABILITY ~ARD PICKEN v, MAKITA, ELECTRIC WORKS. LTD. 33. Tho allegations set forth In paragraphs 1-32 above are Incorporated heroin by reference thereto as if set forth in their entirety. 34. Defendant, Maklta Electric had a duty to design the Router so as . , to make it fit for the ordinary purposes for which it was designed, in accordance with the requirement:. of the Uniform Commercial Code. 35. The Router wns not fil for the ordinary purposes for which it was dcsigned, inn~;Il11lch ns il \'Ins designed with its cut-oil power switch behind n \l;\II1'~1 pan<,l. and tllc switch ICqUilCd excessive !vlce 10 1110ve the switch lever .' '. from the on position to the 011 position, and because it lacked a cut.off power switch built into either of its handles, or in the alternative, a switch which would have allowed Mr. Picken to deactivate the Router without loosening his grip on the machine handles. '. 36. As a direct and proximate result of the bre"ach of the warranty of merchantability, plaintiff Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE, the plaintiff, Richard Picken, respectfully request that this court enter judgment in his favor and against defendant, Makita Electric Works, Ltd. in an amount in excess of TWENTY,FIVE THOUSAND DOLLARS ($25,000.00), plus interest and costs of suit. COUNT IV: STRICT LIABILITY IN TORT. RICHARD PICKEN v. MAKITA. U.S.A. INC. 37. The allegations set forth in paragraphs 1-36 above are incorporated herein by reference thereto as if set forth in their entirety. 38. Defendant, Makita U.S.A., as distributor and importer of the Router had a duty not to place into the stream of commerce defectively designed oroducts that were not reasonably fit, suitable and safe for their intended or ' I foreseeable uses. 39. Defendant, Makita U.S.A., breached this duty inasmuch as it placed inlo the stream of commerce the Router which was defectively designed and not reasonnbly fit. suitable and snle fC'r its intended or foreseeable plllpOS0S ns set fOlth :\bo\'e. s ! I , . I 40. As 0 direct and proximate result of this breach of duty, plaintiff Richard Picken suffored serious and permanent injuries, damages anti losses as sot forth obove. " " WHEREFORE, the plaintiff, Richard Picken, respectfully request that this court enter judgment in his favor and against defendant, Makita U.S.A., Inc. in on omount in excess 01 TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), plus Interest and costs of suit. , . COUNT IV: NEGLIGENCE RICHARD PICKEN v. MAKITA, U.S,A. INC. 41. The allegations set forth in paragraphs 1-40 above are Incorporated herein by reference thereto as if set forth in their entirety. 42. Defendant, Makita U.S.A., had a duty to exercise ordinary care in the choice of products it would import and distribute within the Commonwealth of Pennsylvania. It breached this duty when it imported and distributed the Router inasmuch as it had actual or constructive knowledge of the defective design of the aforesaid machine. 43. As a direct and proximate resull of this breac;h of duty, the plaintiff Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE. the plninliff, Richard Picken. respecllully request thallhis ""Ult enter judgllh'nt in 11I~ l.wOl :\I1d ng;linst delendnnl. Makiln U.S.A., Inc. in l\ , '. an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), plus interest and costs of suit. COUNT V: BREACH OF WARRANTY" RICHARD PICKEN v. MAKITA. U.S.A. INC. 44. The allegations set forth in paragraphs 1-43 above are incorporated herein by reference thereto as if set forth in their entirety. 45. Defendant, Makita USA, had a duty to design the Router so as to I make it fit for the ordinary purposes for which it was designed, in accordance with the requirements of the Uniform Commercial Code. 46. The Router was not fit for the ordinary purposes for which it was designed, for the reasons set forth above. 47. As a direct and proximate result of this breach of duty, the plaintiff Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE, the plaintiff, Richard Picken, respectfully request that this court enter judgment in his favor and against defendant, Makita U.S.A., Inc. in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS (525,000.00), plus interest and costs of suit. 1(\ COUNT VI: STRICT LIABILITY IN TORT RICHARD PICKEN v. EBERLY'S LUMBER COMPANY 48. The allegations set forth in paragraphs 1-47 above are Incorporated herein by reference thereto as iI set forth in their entirety. 49. Defendant, Eberly's, as retail distributor of the Router had a duty not to place Into the stream of commerce defectively designed products that were not reasonably fit, suitable and safe for their intended or foreseeable uses. 50. Defendant, Eberly's, breached this duty inasmuch as it placed Into , , the stream of commerce the Router which vias defectively designed and not reasonably fit, suitable and safe for its intended or foreseeable purposes for the reasons set forth above. 51. As a direct and proximate result of this breach of duty, the plaintiff Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE, the plaintiff, Richard Picken, respectfully request that this court enter judgment In his favor and against defendant, Eberly's Lumber Company, in an amount in excess of TWENTY,FIVE THOUSAND DOLLARS ($25,000.00), plus interest and costs of suit. I COUNT VII: STRICT LIABILITY IN TORT RICHARD PICKEN v. GRIZZLY IMPORTS PA. INC. 52. The allegations set forth in paragrnphs 1'51 above are : incolpornled herein b\' r<:>ference therelo ns if $el forth in their entirely. I I 53. Defendant, Grizzly, was the designer, manufacturer, and/or distributor of the Bit purchased by Richard Picken. This defendant had a duty to design, manufacture, and/or distribute only such products as are reasonably fit, suitable and safe for their intended or foreseeable purposes. 54. Defendant, Grizzly, violated this dutY. when it designed, manufactured and/or distributed or placed into the stream of commerce the Bit inasmuch as that bit was defective in that it lacked a locknut or other means to positively retain the guide bearing during use. 55. As a direct and proximate result of this breach of duty, plaintiff , , Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE, the plaintiff, Richard Picken, respectfully request that this court enter judgment in his favor and against defendant, Grizzly Imports Pa, Inc. in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS (525,000.00), plus interest and costs of suit. COUNT VIII: NEGLIGENCE RICHARD PICKEN v. GRIZZLY IMPORTS PA. INC. 56. The allegations set forth in paragraphs 1-55 above are , , incorporated herein by reference thereto as if set forth in their entirety. 57. Defendant, Grizzly, had a duty to exercise ordinary care in the design, manufacture. and/or distribution of the Bit. I.' ......,........n<'._ 58. Defendant, Grizzly, breached its duty when it designed, manufactured, and/or distributed the Bit, because it had actual or constructive knowledge of the defective design of the bit. 59. As a direct and proximate result of this breach of duty, the plaintiff Richard Picken suffered serious and permanent injurie~ damages and losses as set forth above. , f I I , WHEREFORE, the plaintiff, Richard Picken, respectfully request that this court enter judgment in his favor and against defendant, Grizzly Imports Pa, Inc., in an amount in excess of TWENTY-FIVE THOUSAND',DOLLARS ($25,000.00), plus interest and costs of suit. COUNT IX: BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY RICHARD PICKEN v. GRIZZLY IMPORTS PA, INC, 60. The allegations set forth in paragraphs 1,59 above are incorporated herein by reference thereto as if set forth in their entirety. 61. Defendant, Grizzly, had a duty to design the Bit so as to make it fit for the ordinary purposes for which it was designed, in accordance with the requirements of the Uniform Commercial Code. , 62. The Bit was not fit for the ordinary purposes for which it was designed, inasmuch as it lacked a locknut or other means to positively retain the guide bearing during use. , 63. As a direct and proximate result of this breach of duty, plaintiff Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE, the plaintiff, Richard Picken, respectfully request that this court enter judgment in his favor and against defendant, Grizzly Imports Pa, Inc., in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), plus interest and costs of suit. WILT, FREEBURN & MENSEL DATE: ;"/7/ q 7 Ro rt E. Mensel, Esquir AU rney I.D.II 77410 47 5 Linglestown !=load, Ste. 200 Harrisburg, PA 17112 (717) 671-1955 AUorneys for Plainlitl II .. ...~_..~,..__...___._n~__ ! '''1'''''.1'.', .""1"') . IIJ" I"...... , (4) \ Exhibit B I / .i- ., " RICHARD PICKEN, IN THE COURT OF COMMolJ PLEAS CUM8ERLAf~D COUNTY, PEr'lf ISYL VANIA Plaintiff, v. NO. 1202 TERM 1997 WOEI, L1H, SUPERHARD TOOL CORPORATION, and LUX'CUT CORPORATION, CIVIL ACTION. LAW Defendants. JURY TRIAL DEMANDED NOTICE You HAVE BEEN SUED IN COURT. If you Wish to defend against the claims set forth In the following pages, you must take acllon within twenty (20) Uays after this Complaint and NOllce are served, by entering a written appearance personally or by attorney and filing In Wrillng with the Court your defenses or obJecllons to the claims set forth agaJnst you. You are Warned that If you fall 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 FORni BELOW TO FIND OUT \VHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUN1Y LAWYER REFERRAL SERVICE CUMBERLAND COUN1Y COURTHOUSE : COURT ADMINISTRATOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 I"'Tl:4~,; J9? Ii"jp~ ROBEiRT E. MENSEL WILV, FREEBURN & MENSEL 4775 Lingleslol\l1 Road, Sltite 200 Hal'l'isbltrg PA 17112 (717) G71-1955 1.0. No. 77.110 ':.\ '. -" .j . .' ,g, 0 " ., ". ] .. , ::> : ~; , , .. .1 .' ! , .... 0 1\IIUI"lIt,." 1"'1" 1'1.\inl ill .' I I ~ '.' I j". I.... r' I I I i JURISDICTIONAL ALLEGATIONS 4. Woel, Lih, Superhard Tool Corporation ("Woei") is the designer and manufacturer or designer, manufacturer and distributor of 1I one.hall Inch Ogee fillet raised panel bit, Item G1586 (the "Bit"). At alltimes'relevantto this litigation, Woei placed its bits Into the stream of comme:rce in such a manner that they would be purchased and used v/ithin the Commonwealth of Pennsylvania, and knew or had reason to kncl'/I that its hand tools would be purchased and used for various purposes within the Commonwealth of Pennsylvania. , 5. Lux.Cut Corporalion is the designer' and manufacturer or designer, manufacturer and distributor of a one. hall inch Ogee fillet raised panel bit, Item G1586 (the "Bit"). At all times relevant to this litigation, Lux,Cut Corporation placed its bits into the stream of commerce In such a manner that they would be purchased and used within the Commonwealth of Pennsylvania, and knew or had reason to know that its hand tools would be purchased and used for various purposes within the Commonwealth of Pennsylvania. FACTS 13. On or about March 3,1988, Richard Picken purchased the Bit from Grizzly Imports of Pennsylvania under invoice numbe~ 36397, a true and complete copy of which is attached hereto as Exhibit "A". 14. On or about March 8, 1995, Richard Picken was injured while workillg with n ROlller with the Bil nil ached in C01lllectioll with his occllpnliOll::lS . n cnbinell11<1kl'1' .lIld I\'oodwoil\er. He I\n,; l!>'ill(l the ROlllel nlld Bit ill the .' , I normal, intended and forc:seeable fashion when the Bit dug into tho wood he was working on and the router to began to shake and vibrate violently. 15. Richard Picken attempted to deactivate the Router with the cut.off switch on the Router, but Vias unable to do so due to the design, positioning, and resistance of the cut'ofl switch and guard for the cut.QJf switch. 16. in attempting to deactivate the Router with the cut'off switch Richard Picken loosened his grip on the right handle of the Router and t.he Router vibrated violently backwards toward him, causing him to guard his body with his right hand, which was severely cut by the router bit. , 17. As a result of this incident, Richard Picken suffered severe injuries, damages and losses, including physical injuries to his nerves, bones and soft tissues, many of which are permanent, Including, but not limited to: (a) Severe laceration of his right hand; (b) Laceration of the tendons and ligaments of the right hand; (c) Laceration of the tendons and ligaments of the right ring finger; (d) injury to the right forearm extending to the elbow; (e) Total disability of the right ring finger; (f) Partial disability of the right hand; (g) Partial disability of his entire body; (h) Permanent scarring of the right hand; and (i) Olher abrasions, lacerations, and bruises. 18. As a result of the injuries he suslained in the accidenl, Richard Picken has suffered and will continue to suffer for the rest of his life great physicnl p:lin nnd d,s':0n;:011 : 19. As a result of the Injuries he sustain..d in the accld..nt. Richard Picken has suffered and v/ill continue to suffer lor the rest of his life s..vere mental anguish and emotional distress. 20. As a result of the injuries he sustained in the accident, Richard Picken has suffered and Vlill continue to suffer InconveniGnce and impairment of his ability to work as a Vloodworker and cabinetmaker, and has suffered losses of earnings and opportunities. 21. As a result of the injuries he sustained in the accident, Richard Picken has suffered and Vlill continue to suffer a permanent reduction of his , , earning power and capacity. 22. As a result of the injuries he sustained in the accident, Richard Picken has been forced to incur liability for medical treatment, medications, hospitalizations, surgery, and similar medical expenses in an effort to restore himself to health. f t I , 23. As a result of the injuries he sustained in the accident, Richard Picken will be forced to incur liability for additional medical 'expenses and rehabilitation costs in the future. 24. As a result of the injuries he sustained in the accident, Richard Picken has suffered and will continue to suffer permanent loss of life's pleasures and enjoyment. 25. As a result of the injuries he sustained in ~he accident, Richard Picken has suffered and will continue to suffer severe disfigurement, including severe scarring of his right hand and the permanent and visible loss of mobility of his right ring filll1er. n11.:1 frequent c1iscal"ration cr thnllinl1er. '. 26. As a result 01 the injuries he sustained in the accident, Richard Picken has suffered and v/ill continue to suffer pt;:rmanent embarrassment and humiliation as a consequence of the scars and loss of function of his right hand. 27. As a result 01 the injuries he sustained in the accident, Richard Picken has sustained and v/ill continue to sustain "jncidental costs and expenses, the exact amount of vlhich cannot be ascertained at the present time. COUNT I: STRICT LIABILITY IN TORT RICHARD PICKEN v. WOEI, L1H, SUPERHARD , TOOL CORPORATION ' 28. The allegations set forth in paragraphs 1,27 above are incorporated herein by reference thereto as if set forth In their entirety. 29. Defendant, Woei, Lih, Superhard Tool Corporation ("Woei"), was the designer, manufacturer, and/or distributor of the Bit purchased by Richard Picken. This defendant had a duty to design, manufacture, a~d/or distribute only such products as are reasonably fit, suitable and safe for their intended or foreseeable purposes. 30. Defendant, Woei, violated this duty when it designed, manufactured and/or distributed or placed into the stream of commerce the Bit inasmuch as that bit was defective in that it lacked a locknut or other means to positively retain the guide bearing during use. 31. As a direcl and proximate result 01 this breach of duty, plaintiff Richard Picken suffered serious and permanent injuries, damages and losses ns set fOl1h :lbOVl?, ~ . . -^.",.-.......- WHEREFORE, the plaintiff, Richard Pir.~(;n, respectfully reque5t thatthi:; court enter judgment in his favor and again5t d<::fendanl, Woci, Lih, Superhard Tool Corporalion In an amount in excess CJI TWENTY.FIVE THOUSAND DOLLARS ($25,000.00), plus interest and costs of suit. " '. -:. COUNT II: NEGLIGENCE RICHARD PICKEN v. WOEI. L1H. SUPERHARD TOOL CORPORATIOf>1 \ 32. The allegations set forth in paragraphs 1,31 above are Incorporated herein by reference thereto as if set forth in their entirety. 33. Defendant, Woei, had a duty to exercise ordinary care in the design, manufacture, and/or distribution of the Bit. 34. Defendant, Woei, breached its duty when it designed, manufactured, and/or distributed the Bit and placed it in the stream of commerce, because it had actual or constructive knowledge of the defective design of the bit. 35. As a direct and proximate result 01 this breach of duty, the plaintiff Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. , WHEREFORE, the plaintiff, Richard Picken, respectfully requests that this court enter jUdgmenl in his favor and against defendant, Woei. Lih, Superhard Tool Corporalion, in an arnollnl in excess cof TWENTY.FIVE THOUSAND DOLLARS (S25.000.0l)1. plus inll'lcst nlld CQ~I~ cof suit. (, . COUNT III: BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY RICHARD PICKEN v. WOEI, L1H, SUPERHARD TOOL CORPORATION . " " 36. The allegations set forth in paragraphs 1,35 above are incorporated herein by reference thereto as if set forth in their entirety. 37. Defendant, Woei, had a duty to design the Bit so as to make it fit for the ordinary purposes for vlhich it was designed, In accordance with the requirements of the Uniform Commercial Code. 38. The Bit Vias not fit for the ordinary purposes for which it was designed, inasmuch as it lacked a locknut or other means to positively retain the guide bearing during use. 39. As a direct and proximate result of this breach of duty, plaintiff Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE, the plaintiff, Richard Picken, re';peclfully requests that this court enter judgment in his favor and against defendant, Woei, Lih, Superhard Tool Corporalion, in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), plus interest and costs of suit. J COUNT V: NEGLIGENCE RICHARD PICKEN v. LUX,CUT CORPORATION I , , 1 I ,f 44. The allegations set forth in paragraphs 1'~3 above are incorporated herein by reference thereto as if set forth in their entirety. 45. Defendant, Lux.Cut Corporation, had a duty to exercise ordinary care in the design, manufacture, and/or distribution of the Bit. 46. Defendant, Lux.Cut Corporation, breached its duty when it designed, manufactured, and/or distributed the Bit and placed it in the stream of I commerce, because it had actual or constructive kndwledge of the defective design of the bit. 47. As a direct and proximate result of this breach of duty, the plaintiff Richard Picken suffered serious and permanent injuries, damages and losses as set forth above. WHEREFORE, the plaintiff, Richard Picken, respectfully requests that this court enter judgment in his favor and against defendant, Lux,Cut Corporation, In an amount in excess of TWENTY-FIVE THOUSAND DOLLARS (525,000.00), plus interest and costs of suit. ,IS. 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