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CUMUER1.ANll COUNTY COURTlIOUSE IN CARJJSLE, I)ENNSYLV ANIA
TERRI RENE LANCASTER .
5420 Stone Road
Frederick, MD 21702 .
PlaintifT .
-v- .
ROBERTJ.KENNETT .
Box 712, 7 Richardson Court
Bro\\nstown, PA 17508 .
and .
DTF TRUCKING, INC. .
2630 S. 800 East
Columbia, IN .
Defendants .
. . .
Case No.: 17- ,ft)? ~
.
.
COMPLAINT
(NEGLIGENCE)
NOW COMES the Plaintiff, Terri Lancaster, by and through her attorney. Arthur C.
Crum, Jr., and sues the Defendants, Robert J. Kennett and DTF Trucking, Inc., and for cause
states as follows:
COUNT I
(Negligence - Personal Injury)
I. This Court has jurisdiction of the within cause of action in that the incidents
complained of occurred in Cumberland. Pennsylvania.
2. On or about September 21. 1995, at approximately 5:05 p.m., Plaintiff Terri
Lancaster (hereinafter "Lancaster") was proceeding southbound on 1-81. Defendant Robert J.
Kennett (hereinaller "Kennell") allempted to pass Plaintiff Lancaster but pulled into path of the
vehicle being driven by Plaintiff Lancaster.
3. Defendant Kennell was at said time and place operating a motor vehicle owned by
Defendant DTF Trucking, Inc., (hereinaller "DTF") with permission of Defendant DTF and in
the course of employment.
4. At all times relevant herein, Defendant Kennett owed a continuing duty to operate
Dcfendant DTF's vehicle in a reasonable and prudcnt manner with due regard to other persons
then and there lawfully upon said highway.
5. Defendants Kennell and DTF breached the duties owed to Plaintiff Lancastcr.
The collision refcrred to hercin was caused by the negligencc of thc Defendant Kennett who,
inkr lliilI, failed to opcrate Defendant DTF's vehicle so as to avoid causing a collision, failed to
pay full time attention to the operation of his vehicle, failcd to yield the right-of-way, and failcd
to obey the rules and regulations of the State of Pennsylvania then and there in full force and
effect. Defendant DTF is liable to the Plaintiff for all of these acts and omissions under the
doctrine ofrespondeat superior.
6. At all times mentioned herein, the Plaintiff Lancaster was free of negligence or
contributory negligence.
7. As a dircct and proximate result of the aforcsaid negligcncc, Plaintiff Lancaster
suffered injuries and damagc~, ~,)nsisting of, but not limited to: sprains, strain, and multiple
contusions; she has incurred and will continuc to incur medical and hospital expenses in an efTort
to carc for her injuries; and has suffered great pain of body and mind; all of which may be
.. 2.
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permanent in nature.
WIIEREFORE, I'luintin'Terri Lancaster, demands judgment of and against the
Defendants, Robert J. Kennett and DTF Trucking. Inc., jointly and severally, in the full sum of
Fifty Thousand Dollars ($50.000.00), plus costs.
Art~~r.t. ~, r~
129-13 West Patrick Street, 2nd Floor
Frederick, MD 21701
(301) 662-4088
Attorney for Plaintiff - Terri Rene Lancaster
ELECTION FOR JURY TRIAL
Plaintiff Terri Rene Lancaster elects to have the above-captioned case tried before a jury.
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