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Home My WebLink About97-05084 ,. " '; J i)i~d;l.tI ')ii' ill-A! "-I \ri '!tl 1'./ ''''J -}}i,;\,;; I, 'l" " I.d ,,' /, " I, , , , ,i, "I, " , I j" I, , 1 "I', 'I , " I, 'I 'I ',"I if , I " , , .. I ',I I " ,I' d! I I 1 , I; , , " ,I , , " II, , , , " '" " ,\ , " " , I " i\ , ,I " " ~ , 'I ~ II \ ~ "j . I ,~ // " I,' ~ " . '" / " , , I I ,-j I , I " '" i\ 'I. I "-... I' 'l, ,I, , , " , " ,! " , , " I, , , , " , " " 'I ',I " I' I,' "I I, ..!I II, i', ",' " " I , , , , " I" , ' I' , , " ',' Ii ,', " 'Ii , , ",'1 ,', , , 'I ',;, 11, Ji ~ ... ,'0 It\ 1 i, I ; 1 ,-, " , ij, " it , , , , ,I \J I , , , i' I , , , , , , " , , jI j ~ d " , , " " . '~ " . C"" Qr vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ' LAW NO. 'I' J. '),.1 I 'I (~' lu,~l 1.-,.-. JANET BARKLEY, Plaint if f MERVIN KUHN, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Janet Barkley is an adult individual who resides at 371 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 2, Defendant Mervin Kuhn is an adult individual who resides at 169 Old Gap Road, Carlisle, Cumberland County, Pennsylvania. ' 3. The facts and occurrences hereinafter related took place on or about May 19, 1996, at approximately 6:08 p.m. on Route 11, Carlisle, Cumberland County, Pennsylvania. 4, At that time and place, Ms. Barkley was operating her 1993 Chrysler Lebaron in a southbound direction on Route 11 and was stopped at a red traffic light controlling the intersection of Route 11 and Calvary Road. 5. At the same time, Defendant Kuhn was operating a 1987 Chevrolet Caprice in a southbound direction on Route 11. 6. Defendant Kuhn failed to observe Ms. Barkley's vehicle and collided with the rear Qf her stationary vehicle. 7. Defendant Kuhn was extremely intoxicated when he failed to observe Ms. Barkley's stationary vehicle. 8. Defendant Kuhn knew or should have known that operating a motor vehicle while extremely intoxicated would 1 COUNT II - PUNITIVE DAMAGES Janet Barklev v. Mervin Kuhn 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Before the subject motor vehicle accident, Defendant Kuhn was consuming alcoholic beverages. 13. Defendant Kuhn knew or should have knQwn that he was extremely intoxicated and unable to safely operate a motor vehicle. 14. Defendant Kuhn knew or should have kno....n that his conduct of operating a motor vehicle while intoxicated constituted outrageous conduct and a reckless indifference to the rights of others on the highway. 15. Defendant Kuhn knew or should have known that operating a motor vehicle while intoxicated created a high degree of risk of injury to other persons on the highway and in fact, he did cause a collision resulting in serious personal injury. CLAIM I Janet Barklev v. Mervin Kuhn 16. Paragraphs 1 through 15 of the Complaint are incorporated herein by reference. 17. Plaintiff Janet Barkley sustained painful and severe injuries which include but are not limited to chronic cervical muscle strain, head trauma, right sternoclavicular muscle strain, radicular pain in her right upper extremity, lower back strain, and aggravation of her pre-existing degenerative condition of her cervical spine, causing progressive neurological deficits. 3 18. By reason of the aforesaid injuries sustained by Ms. Barkley, she was forced to incur liability for medical treatment, medications, hospital treatment, chi ropract ic treatment and simi lar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 19. Because of the nature of her injuries, Ms. Barkley has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 20. As a result of the afon~mentioned injuries, Ms. Barkley has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 21. As a result of the aforesaid injuries, Ms. Barkley has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 22. As a result of the aforementioned injuries, Ms. Barkley has sustained work loss, loss of opportunity and a permanent diminution of her earning power ~nd capacity, and claim is made therefor. 23. As a result of the aforesaid injuries, Ms. Barkley has sustained uncompensated work loss, and claim is made therefor. 24. Ms. Barkley 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 r~mainder of her lifetime, and claim is made therefor. 4 , , .~ (~' ~ . .~ ~ ~ ~ - , "'\ , 1i"l ~ c\f Q >J~ ~ (') -~ C;;:.q t>" ..... .oll "'Jf: i If) -,., ~. PHI" "I ~,. '0 11~ '31 ~. (JJ ~)') .J~ r"'" - ,.' ~ .;:;~~< .-n :;.t \,-):r (,c. ," 'M ., , ~J a ..t,. '-. ~ ~.l t; IS " 0 ~ ~ :< '''' . .~ . - ~ ~ ~ ~ .x ~ c ~ ~ ~~~rn ~ ~ ~ ~ 0 Z ;~ 19~~ - ~ I Z " "J ~ ~, ~ m i) ~~~~~G1 ~ > ~ >. ~ 8 " i!!!! g 0 , Z ~ ~ " ., .. '. .- -. " " (") .0 ti ....1 0 . ~'... 0 11'1, V'" 'T:~ t;r" c-, -;,J,r' .~ . ',-" r . '~3~ I,.",.t -, '.0 ,. ';'; ....1",' -r, . 'j ;', . ~' :'-\ ~',~ II,. . ). .~ ,:.c ,'3 ~ ~:;- , .. ~~ :n J .-> .~ , ~, ~ ;;; -1 .. . " ~ ~ ~ ~ ~ ~ ril ~ d ? ~ I 2 g ~ ~. ~ ~ S ~ ~ ~ ~ N 1,.' Z." . - m ~ ) ~ 8 " g " $ . . ~ .X ~ rn Z CI rn ~ ~ G1 >. ~ l! rn - 1::1 Z rn ~ 1 .., ...I ::l ," , I ",:1 l I "! - ,', , , ,,'J , " . -.~" ,,) ::q J.... ., ~.,,~ l-) " .. " II', I ;.II :.;,l -,) -. - JANET BARKLEY, , I~ T~E COURT OF COMMON PLEAS OF plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA ; v. ; NO. 97-5084 CIVIL I CIVIL ACTION - LAW MERVIN KUHN, I Defendant ; JURY TRIAL DEMANDED NO'1'ICI TO PL~ TO: Janet Barkley cia David L. Lutz, Esquire Angina & Rovner 4503 North Front street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment will be entered against you. DATE; Ckt II I Qrr'1 . . BY: Respectfully submitted, WIX, WENGER & WEIDNER \._~"" ~ Q f l J' . f- ,.-. -'\,f, AJ--r::--- R chard H. Wix, Esquire 10# 07274 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 10. The averments of Paragraph 10 constitute a conclusion of law to which no response is required, To the extent that a response is deemed required, it is admitted that the negligence of Defendant, Mervin Kuhn, caused the motor vehicle accident referred to in the Plaintiff's Complaint. 11. paragraphs 1 through 10 of the Defendant's Answer with New Matter are incorporated herein by reference, 12. Admitted. 13. The averments of paragraph 13 constitute a conclusion of law to which no response is required. To the extent that a response is deemed required, each and every averment of Paragraph 13 is specifically denied and strict proof thereof is demanded at the time of trial. 14. The averments of Paragraph 14 constitute a conclusion of ~aw to which no response is required. To the extent that a response is deemed required, each and every avermenL of Paragraph 14 is specifically denied and s~rict proof thereof is demanded at the time of trial, 15, The averments of paragraph 15 constitute a conclusion of law to which no response is required, To the extent that a response is deemed required, each and every averment of Paragraph 15 is specifically denied and strict proof thereof is demanded at the timo of trial. 2 16. Paragraphs 1 through 15 of the Defendant's Answer with New Matter are incorporated herein by reference. 17. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 17. Therefore, each and every averment of Pa~agraph 17 is specifically denied and strict proof thereof is demanded at the time of trial. 18. After reasonable investigation, Defendant is wi.thout sufficient knowledge to form a belief as to the truth of the averments of paragraph 18. Therefore, each and every averment of Paragraph 18 is specifically denied and strict proof thereof is demanded at the time of trial. 19. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 19. Therefore, each and every averment of Paragraph 19 is specifically denied and strict proof thereof is demanded at the time of trial. 20. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 20. Therefore, each and every averment of Paragraph 20 is specifically denied and strict proof thereof is demanded at the time of trial. 3 21. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 21. Therefore, each and every averment of Paragraph 21 is specifically denied and strict proof thereof is demanded at the time of trial. 22. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 22. Therefore, each and every averment of Paragraph 22 is specifically denied and strict proof thereof is demanded at the time of trial. 23. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 23. Therefore, each and every averment of Paragraph 23 is specifically denied and strict proof thereof is demanded at the time of trial. 24, After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 24. Therefore, each and every averment of Paragraph 24 is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Mervin Kuhn,respectfully requests Your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. 4 ... KATTBR 25. The plaintiff's claims for medical expenses and/or wage loss are barred, or should be reduced in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Act. 26. As a result of a criminal action filed in the Court of Common Pleas of Cumberland county to 96-1552, Plaintiff, Janet Barkley was awarded restitution in the amount of $2,276.02. 27. The aforementioned restitution was awarded by the Court to compensate Defendant, Janet Barkley, for the losses referred to in the Plaintiff!s Complaint. 28, The award of restitution was entered in connection with a final Order that was entered in the aforementioned action, As a result of said Order, the Plaintiff is collaterally estopped from claiming compensation in addition to the amount awarded for restitution. 29. The Defendant has to date paid in excess of $900.00 to the Plaintiff for her losses from the accident referred to in the Plaintiff's Complaint, and a set off is claimed for that amount. 5 ,i \'1 , I l_:r;" ,I.) :' , Ir-. "., , I '"1 , , ,-~ I , f"" 1 , " J 1'-) " . I . , , .'11 r ii- d I :n , L::' " I" '. , I' " , , , " e ':S ~ tara 13, m; l" < f, \l I 0'1" 4 il'" .,., ..... .... l r.' ~ ':1 r:....' -0 :.~. ~~ '-j ::: ,., :~ ..... ('1 ~ S':1 ";;"c..:..' ;.;;" ~ ~ '-1 00<; I.,) r' , , " .. I'" " , , n \/.'l ~ S 'i>> '-, '.- '--j '"t't/ll ~..... '1\~ l,iJ(\', ..t~ ,.1,) r> " ,,'jl.- , i,:j',; c...l .)~) ~..- ~ , , 1,1.:1:1 " ;I~ " "'"'1 ".; I~:' -', ('I~ C , , , '-l :)1'1'1 J'r, .. 'I 'J en ' ?j;; ". -. , , "