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HomeMy WebLinkAbout97-01360 .. ~ 'Q .... ~ ~ cf' \IJ '" .~ ~ ) ( I I I i I i I ; ! , ~ 0\ ~ ..:J .. r N 8~ t.i :c If. a.. L:)~ 0 r- ~ u: igi u. I ~ >- -r, ILl :c 5 ~ r- CI\ (.) , & ....; ...... " t " ~!!~! ~, li,~~I! ~l f %!:i r::- ~:li' . ' . . . . . . 0: '. . 60 Prior to the hereinafter described fall of Plaintiff, Defendants built, had an agent build or supervised the building of the steps and hand rail in question as well as a lattice wall at the bottom of the staircase, 7. Subsequent to the notice that the building and the second floor would be open to the public, Defendant did not: replace the steps, replace the hand rail, permanent secure the lattice wall at the base of the step's landing, paint the steps, place lighting above the steps, or require warning signs be placed in the premises notifying the public of these know conditions. 8. On or about March 23, 1995, Plaintiff was a customer at the premises owned by Defendant's, then operated as Barrick's Flea Market Barn and was lawfully on the premises as a customer. 9, Plaintiff walked to the second floor of the premises and selected a few items to purchase and proceeded to the ground floor and its check-out counter. 10, Plaintiff proceeded to walk down the steps from the second floor to the first floor to pay for her items and as she neared the bottom of the stair case, she stumbled and fell forward, 110 Plaintiff reached for a railing but there was no rail on either side unto which she could grab and as she fell into the lattice wall at the bottom of the landing, the wall was not properly secured to anything and gave way, 12, Plaintiffs body was twisted as she struck the concrete floor and she sustained severe injuries including multiple fractures in her leg. 13, The proximate cause and/or substantial factor in causing the accident was Defendants, failure to: a. Insure that the steps were properly constructed according to standard and accepted building codes and to have the same inspected by local zoning officials and inspectors of the Pennsylvania Department of Labor and Industry prior to permitting their use by the public; b, Require that proper signs warning the public of the steps' dangerous condition especially when patron were expected to travel down the steps with their hands and anns filled with items to be purchased; c, Insure that the steps and landings be distinguishable to the eyes of the user due to the similar color of the walls, floor and steps; do Insure that the stairway was well lit so the steps and landings be distinguishable to the eyes of the user due to the similar color of the walls, floor and steps; eo Insure that the lattice wall at the base of the landing was securely fastened to the support structure of the building so as not to pull away when pressed against or grabbed; f. Insure that the hand rail was accessible the entire length of the stairway, including proper clearance from the wall at points where it is attached to the support structure and also at the turns of the stairwell and the landings; and g, Insure that handrails be placed on both sides of a knowing hazardous stairway, 140 As a result of the accident caused by Defendants, negligent act or acts, Plaintiff suffered a fracture of the distal tibia and proximal fibula, multiple contusions and minor lacerations and has undergone, to date, three separate operations, to alleviate or correct the injuries suffered as a result of the accident and has been hospitalized for extended periods and is still under doctor's careo IS, As a result of the accident caused by Defendants, negligent act or acts, Plaintiff has been unable to work in any capacity and has been detennined to be disabled by the social security administration. 16, As a result of the accident caused by Defendants, negligent act or acts, Plaintiff has been disfigured and must use a cane to help her walk. She also has a pronounced limp while walking. 17. As a result of the accident caused by Defendants, negligent act or acts, and the multiple injuries sustained therefrom, Plaintiff will have to in the future as she has had to in the past since the accident endure intensifYing pain in her leg and the mental stress associated with such pain. 180 As a result of the accident caused by Defendants, negligent act or acts, and the multiple injuries sustained therefrom. Plaintiff has been unable to perfonn many of the minor tasks she had been able to perfonn prior to the accident including, but not limited to, standing for periods of time, kneeling, dancing, walking and has thus suffered greatly. 19, Plaintiff has incurred medical bills not in excess of twenty. five thousand dollars ($25,ooo,oo). 20. Plaintiff will incur future medical bills in excess of twenty. five thousand dollars ($25,000.OO). .' 21, Plaintiff has suffered lost wages in excess of twenty-five thousand dollars ($25,OOO,OO}0 220 Plaintiff will suffer future lost wages in excess of twenty-five thousand dollars ($25,000.oo). 23, Plaintiff has suffered pain and mental anguish in excess of twenty-five thousand dollars ($25,000000), 24, Plaintiff will suffer future pain and mental anguish in excess of twenty-five thousand dollars ($25,000,00). 25, Plaintiff has suffered loss of enjoyment in life in an amount in excess of twenty- five thousand dollars ($25,000.OO). 26. Plaintiff will suffer future loss of enjoyment in life in an amount in excess of twenty-five thousand dollars ($25,000,00). Commonwealth of Pennsylvania County of Cumberland Helen Stuckey Lindsey Lot 207, Creekveiw Farms Shermansdale, PA 17090 Court of Conunon Pleas VI. Paul E. Weibley and Barbara J. Weibley 1552 Holly Pike Carlisle, PA 17013 No. -,!n=-.l3_IiLC.iviLXeDIl_________ 19____ In _n n__ S-~yg__~~_~~E.~n:__~!I_'L_________ To _ ~~_':!~_ _~:_ _ .!:!..~!'L!3_I!!'J!!,I.E !,I__o!:__~_~~_~J._~y_ You are hereby notified tha t ._~~!~~__~!}!g~~)f._y_!~_q~~_________________________________________________________________ the PlaintiCC ha s commenced an action in --n-n__n~~.Ytl.:_A9.t:.!Q.~_____n__n______n_________ against you which you are required to deCend or a default judgment may be entered against you. (SEAL) Lawrence E. Welker '------------------p~~~~~t;;y------------------- Date ___~~E.~~_~.l_______________ 19_~J_ By _ j1tf : _~_:.J./ fL_1Y.~_______ ~DePuty I , '" t:l' ffi >. Ul Gl tIl Gl Ul 'tl M Eo< 'tl 1::>' = . o-l I:: III Gl >. 0 o-l ,'" o-l ... :. Gl r-- .",1 ...: >'.0 J Ill' o-lGlo-l ~ > Gl'oi ...:1 ,l(,l( Cl) 'oi >. ~ o-lGl I U'oi "" tJ Gl .0:- o-li =p.0ll: "" ~ ,l( 'oi 'oi' III P.""N < Cl U Gl . >i >. ""I ~I = :-., 'oi, ...... 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