HomeMy WebLinkAbout97-02898
?
~
t.!
'>
;
,
~ i.
i
i
~ I
f \'\
J/
S. At that time and place, Plaintiff Stacey E, Kennedy was
operating a 1995 Ford Winds tar and was travelling west on Walnut
Street at its intersection with First Street, South Middleton
Township, Cumberland County, Pennsylvania,
6, At that time and place, Defendant Garry Dewayne Hicks was
operating a 1995 GMC truck in the course and scope of his
employment for Lewinter Moulding & Supply Co" Inc" and was
travelling north on First Street at its intersection with Walnut
Street.
7, The intersection of First Street and Walnut Street is
controlled by a stop sign for both First and Walnut Streets,
Vehicles traveling on both these streets must stop before
proceeding through this intersection,
8, At that time and place, Defendant Garry Dewayne Hicks
failed to stop at the stop sign, failed to yield the right-of-way
to Plaintiff Stacey E, Kennedy and pulled directly into the path
and lane of travel of the Kennedy vehicle.
9. At that time and place, a violent collision occurred
between the vehicle being operated by Defendant Hicks and the
Kennedy vehicle, At that time and place the front portion of the
vehicle operated by Defendant Hicks struck the front left portion
of the Kennedy vehicle,
2
COUNT I
Stacey E. Kennedy and Gregory A. Kennedy
v, Garrv Dewavne Hicks
10, Paragraphs 1 through 9 of Plaintiffs' Complaint are
incorporated herein by reference,
11, The foregoing accident and all of the injuries and
damages set forth hereinafter sustained by Plaintiffs Stacey E,
Kennedy and Gregory A, Kennedy are the direct and proximate result
of the negligent, careless, wanton, and reckless manner in which
Defendant Garry Dewayne Hicks operated the 1995 GMC truck in the
course and scope of his employment with Defendant Lewinter Moulding
& Supply Co" Inc" as follows:
(a) failure to keep alert and maintain a proper watch
for the presence of other motor vehicles on the
highway;
(b) failure to apply his brakes in sufficient time to
avoid striking the Kennedy vehicle;
(c) failure to travel at a safe speed;
(d) failure to keep a proper watch for traffic on the
highway;
(e) failure to take reasonable evasive action to avoid
the accident;
(f) failure to drive his vehicle with due regard for
the highway and traffic conditions which were
existing and of which he was or should have been
aware;
(g) failure to keep proper and adequate control over
his vehicle;
3
thoracic outlet syndrome, bicipital tendonitis with rotator cuff
syndrome and a herniated disc at C3-4, with a mild protrusion at
C4-S.
16, As a result of the injuries sustained, Plaintiff Stacey
E, Kennedy was forced to incur liability for medical treatment,
medications, hospitalizations, and similar miscellaneous expenses
in an effort to restore herself to health, and claim is made
therefor,
17. Because of the nature of her injuries, Plaintiff Stacey
E. Kennedy has been advised and, therefore, avers that she may be
forced to incur similar expenses in the future, and claim is made
therefor.
18, As a result of the aforementioned collision and resulting
injuries, Plaintiff Stacey E, Kennedy has undergone and in the
future will undergo great physical and mental suffering, great
inconvenience in carrying out her daily activities, loss of life's
pleasures and enjoyment, and claim is made therefor,
19, As a result of the aforementioned collision and resulting
injuries, Plaintiff Stacey E, Kennedy has been and in the future
will be subject to great humiliation and embarrassment, and claim
is made therefor,
6
20, As a result of the aforementioned collision and resulting
injuries, Plaintiff Stacey E, Kennedy has sustained work loss, loss
of opportunity and a permanent diminution of her earning power and
capacity, and claim is made therefor,
21, As a result of the aforementioned collision and resulting
injuries, Plaintiff Stacey E, Kennedy has sustained uncompensated
work loss, and claim is made therefor,
22, Plaintiff Stacey E, Kennedy continues to be plagued by
persistent pain and limitation and, therefore, avers that her
injuries may be of a permanent nature, causing residual problems
for the remainder of her lifetime, and claim is made therefor.
CLAIM II
Gregory A, Kennedy v, Garry Dewayne Hicks and
Lewinter Mouldinq & SUC9lV. Co" Inc.
23. Paragraphs 1 through 22 of Plaintiffs' Complaint are
incorporated herein by reference.
24. As a result of the aforementioned collision and resulting
injuries sustained by his wife, Plaintiff Stacey E, Kennedy,
Plaintiff Gregory A, Kennedy has been and may in the future be
deprived of the care, companionship, consortium, and society of his
wife, all of which will be to his great detriment, and claim is
made therefor,
7
J
.A
~ 5 e.
,
D . '
:>" " "
""
.. ':1"
.
t
~
~4
~ e'.
;'
UJ(':
(,). ,
E'
. .
(y
r"
J.7.:;:
G. ~ ;
i"-
u.
U
)...1'-
;:!
!'oj
~~
C)
t1r:4
c.
c::
(':'
'C
-.
, .
:" ,~
',-
.i
('J
I
,,)
:'.
~ "
--
...;
::j
:I(L
I
',..1
,....
c"
'>- <'I
tr. .:.J I::
.-~ .. ,.
lU!-:",1 ,-
()." - ,
.,- " ,t
ftL :c:
~r~ I ~] ::J
...-
C.... \0 : l:ii
It ~. ; '--
ff', ' . '.:.~
:,.- '"'iu
I~~ -' :;'iCl..,
-) ~ ..
u.. r-.. ':)
0 C'1 0
,
c.it;S!
o.:w_
. ~ ::
a:!ii ,
lI)w..<
wZzz
!.!>oz
"'Oa:~
~ a: u. ..
:;::oll~li1
50lSiil
ZZ!a
-",a:
Cloa:
2"''''
<"'"
..
c;;
...
Cll
a,
'"
'"
;;
-
!::
STACEY E, KENNEDY and IN THE COURT OF COMMON PLEAS
GREGORY A, KENNEDY, her husband,: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs CIVIL ACTION - LAW
v, NO. 97-2898 Civil Term
GARRY DEWAYNE HICKS, and
LEWINTER MOULDING & SUPPLY CO"
INCORPORATED,
Defendants JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
This is to certify that on the 3rd day of June, 1997, a true
and correct copy of the COMPLAINT, Civil Action No, 97-2898 was
mailed to the Defendants via certified mail, return receipt
requested at the below addresses:
Lewinter Moulding & Supply Co., Inc,
9603 Deereco Road
Timonium, MD 21093
(P 487 031 306)
Garry Dewayne Hicks
2005 Baker Street
Baltimore, MD 21217
(P 487 031 307)
A copy of the certified mail receipts are attached hereto.
t~4ft~B~
ACCEPTANCE OF SERVICE
This is to certify that a true and correct copy of the
above-noted COMPLAINT was served upon the Defendants via certified
mail, return receipt requested at the above-noted address on the
following dates:
Lewinter Moulding & Supply Company, Inc, - June 5, 1997
Garry Dewayne Hicks - June 9, 1997
A copy of the signed receipts are attached hereto,
~i',~
Sworn to a~9 subscribed before
me :rt~s IL'r'f" day of
~ , 1997,
~u\'\.U..J... :::r lY1 ( (I .f:n,t C1J
Ntltary Pubhc -
/-
NO'AIW. IW -
Slmln J, ~. ~lo1twy PWl..
~....w.~. .",.."No, c......." '-4
M" '''''"Id.. !.'I'lo..." ,- I- ]
.____ ,,'Tt\r ".)"f1
---..--.- '----
Pos1ago
$
CeruflOd Fee
Sc>e0ll 00Iivety Fee
Reslridod 00Iivety Fee
oil
s: Relum Recapl ShowW19Io
; Whom & olle Delivered
.. IleUn AocOll SIloml~_
~ Date,IMtl!$$N'sMteu
~ TOTAL POS1ago &Fee. $
i Postmar'll. Of O.te
~ (P)3JQ'7- fClfl)Olfw'l-
,
:i ,~,_'on<l'..21or~- lellOwlshtorecetve1he
'I .~. _ 3, 41, ond 41>, foIIow\ng HMc:e1 (for an
,.__namont_...thO_ofltlololmlOlhIl......._1tlo oxtrafH):
.::':.l:" 101m 10 thO ""'" of thO molIpiocI, or... thO_....- - nol 1, [J AddrIIHe'I Add.- I
1I .e:::.-R_R-'PIRoq1MOtod''''thOmoJPooI-';;'-- 2. [J Rntrtc:todDellv8ry
ti .Tho R..... RocoIpI'" _IO_thO--- ntthO dIIt I
Ii ~, - Consult poo1m8IIIrfor fH,
\3. ~" AddGi8osod \0: '" ".-, L . Ar\lCII NlIllbI~ 0
,,\(, (}.frV. UWO,\,H'Ie.; /"~C'-S ,Cl I
-;') _ ...} 4b, SIMc:e Type .
~005 O^-~("S+('{?IT- D Roglollred ~Certltlod I
6a.1-t,more lJlO ;;;.1d-1'7 D =~IorMerd>Bn<bl ~:: 1
7, .. tlofDIC-~\"I1 I
8, Addrl_'1 Add.... (0I1Iy H roquesI8d t
and IH Is paid) ~
I
: 1 8. nature: (....ddtUIMI 0( /)
.I X
PS Form 3811, o-mt>or 1994
~ ..:r G
c: ,..
I-" .. :J...
ILl!? ().;.-.:;
lEg ~ ();j:
~ ~ .-.~ ~:!
@c a. "'l"
fL '.'I-,}
-'.;-~
-. ~ tllIl
u;u; ..,
:~: .1")C_
~ "
<0'
LJ, r- _I
0 0" (,.,
fr r- ~
;:: ". ?
~) c'-~ ,.
~!..-:
~-. ~-.j .~'O
( 0.'
Et~ i,L: 1..,l:1
("'\::3
~c In .-:;.-
c. .,..".,
(l, '" I ~;."
-JL, ' ; ..-;/'
LC.;' :.-! '~In
F: -, ~'! 0...
.0
,,- ro. ~~i
0 0" U
'.
":... ,.. (:
i!~ (",
-.t. ;:
f.:-. ;;:: -.,
~I. '.
():' . -
\ i: ~. ..-',.~
L',.'
O'.~
, :.'J
{,
~, I
t1\'
[;~; C'
l.!..J -
'"'- 'j
I ~ r.'";
U U~ U
.j