Loading...
HomeMy WebLinkAbout97-06246 .,. ., ~ 't ~ ~. tJ " ;: ~ ~ 'i It ~~. ...s;:: '. :'\ . \ ~ \ , " " \ \ \ \ \ I i I I / J I i I / / '" " ;'j , \ i (I \., L \J I r-I I '.,' - . - :) .... ....., ':Joo ~ .....) I t'"- ~ ~i ." r::: v~ , '~ '\ e' " I . ~ I .' , , , 'I; : , , " , , " , V .' ", \ -iil") l " 't.!... ..',. , r" i ,-;' ':J p " ,';) ~ n .j .-!,.~ '-.iL.i. ) ['~ .'" ",1 (J 'J .j "l 'J "', '.l II) " ~ jo j' ... f \ .... It ~ CIl!:j ~~ III III < e II< l./ ~ CIl II< ~ =: ~ ~ ~~ '... .. ~ .., l./l "c:l U " ~ ~ < ~ ~~ I:l C o ,~ ~ T .,... CIl .Ql ~I ~ i~~ f;I;~"" 1. 00 ,.. < , ~ U~ o Ql ~ " " " . " CIl jl:l . ... C ,. j. 'I. ~O . . ~ ~ ~ ~ l./l= C '(, ~ !: ii H~ ~~ f;l;jl:l ~ rJl ~ t " ... " ~. 0 . " C H:;J . U c ~ : ~ . ~ Z :< . . C> ~j::l tiH ~ " ~ < , <....:I <~ H e . ~ ~~ j Ci:: " . ;~ .~ ....:I " . r:. < H>O ~ = ~~ ~~ ."" ~;: UP:: U PAULA A, WHITMAN & MICHAEL E. WHITMAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v, No. 'J 'I. ~.J '/ '_ C;,,'e 'I.~ .-, C.R. ENGLAND & SONS & RONALD D. RASH, JR. CIVIL ACTION - LAW JURY TRIAL DEMANDED nOT I C E YOU HAVE BEEN SUED IN COURT. If 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 money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOUU) TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 'filE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. CUMBERLAND COUNTY COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) -240-6200 PAULA A, WHITMAN & MICHAEL E, WHITMAN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYI,vANIA v, No, (1'I.I.J'It" (',,;,1 T.-" C,R. ENGLAND & SONS & RONALD D, RASH, JR, CIVIl, ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this ,/){/ day of November, 1997, comes the Plaintiffs, PAULA A, WHITMAN AND MICHAEL E, WHITMAN, by their attorney, Francis M, Socha, Esquire, and files this complaint and respectfully avers the follows: 1, Plaintiff, Paula A, Whitman, is an adult individual, residing at 97 South Middlesex Road, Carlisle, PA 170l3, 2, Plaintiff, Michael E, Whitman, is an adult individual, residing at 97 South Middlesex Road, Carlisle, PA 170l3. 4, Defendant, C,R, England & Sons, is a corporation with its principal place of business at 470l W, 2100 South, W. Valley City, Utah 84l20, 5, Defendant, Ronald D, Rash, Jr" is an adult individual residing at 5221 Ten Sleep, Cheyenne, Wyoming 82009, 6, The facts and events that this action is based on occurred on or about November 13, 1995, at approximately l:20 p.m. 7, On the above date and time, the Plaintiff, Paula A. Whitman was driving a 1989 Cadillac Deville/Broughman when she had just come to a stop or was nearly stopped in the Southbound lane of Pennsylvania Route II in Middlesex TownShip, Cumberland County, Pennsylvania, is not limited to, the following: a. failing to have the tractor trailer under proper c.PUN'l' ~ N2GLIGRNCB Paula A. Whitman v. Ronald O. Rauh. Jr. 8, Plaintiffs, Paula A, Whitman, incorporate by reference Paragrapha 1 through 7 as if set forth at length, 9. At the aforesaid time and place, the Defendant Ronald D, Rash, .7r, (hereinafter referred to as "Rash") was employed by co-Defendant, C,R, England & Sons (hereinafter referred to as "England"), as a tractor trailer driver, Defendant Rash was the driver and operator. of. the tractor trailer which struck the Plaintiff, Paula Whitman, from behind, Defendant Rash was acting as the servant, agent, and employee of Defendant England, was engaged in the Defendant England's business, and was within the scope of his employment with the Defendant England at the aforesaid time and place of the accident, lQ, At the aforesaid time and place, Defendant Rash failed to adequately slow his tractor trailer as the tractor trailer approached the Plaintiff's vehicle from behind. Defendant Rash's negligence caused the tractor trailer to crash into the Plaintiff's vehicle and such accident resulted in Plaintiff, Paula A, Whitman, suffering severe physical injuries, 11. The collioion ,'nd :.ll of the physical injuries and damages hereinafter related are the direct and approximate result of the careless, reckless, and neglJ.gent manner in which the Defendant Rash operated the tractor trailer, The negligence, carelessness, and recklessness of Defendant Rash consists of, but and adequate control at the time and place of the accident; b, operating the tractor trailer under a high and excessive rate of speed under the circumstances; c. fail ing to keep a proper look-out; d, failing to use due-care and acting without regard for the right, safety, and position of the vehicle in which the Plaintiff Paula A, Whitman was driving at the time and place of the accident; e. f. speed; g. striking the driving; and h, traveling too fast for conditions; following too closely at an excessive rate of failing to apply hie brakes in time to avoid vehicle in whi.ch the Plaintiff Paula A. Whitman was otherwise operating his vehicle in a manner. endangering persons and property, and with careless disregard for the rights and safety of others, and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, 12, As a direct and approximate result of the aforesaid collision, the Plaintiff, Paula A. Whitman, suffered injuries which are serious and permanent, including, but limited not to, the following I a. acute contusion of the left elbow area b. acute contusion of the right knee c. acute contusion of the anterior chest wall d. acute contusion of the right heel 3 ~. "'--" ~ e, acute contusion of the left shoulder f, headaches g. neck stiffness l3, As a result of the aforesaid injuries she received in this accident, the Plaintiff, Paula A, Whitman., has undergone in the past, is undergoing in the present, and will undergo in the future great pain and suffering, l4, As a result of this collision, the Plaintiff, Paula A, Whitman, has suffered a permanent disability and permanent diminution of her earning power and capacity. 15, As a result of the aforesaid collision, the Plaintiff, Paula A, Whitman, has suffered permanent diminution of her ability to enjoy life and life's pleasures, 16, As a result of this collision, the Plaintiff, Paula A. Whitman, has incurred reasonable and necessary medical and rehabilitative costs and expenses, WHEREFORE, the Plaintiff, Paula A, Whitman, demands judgment against the Defendant, Ronald D, Rash, Jr., in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdiction amount requiring compulsory arbitration. COUNT II - IMPUTED NBGLIGENCE. NE(~IGENT SUPERVISION AND GROSS NEGLIGENCE PAULA A. WHITMAN v. C.R. ENc::r,AID) & SQIDi l7. Plaintiff, Paula A, Whitman, incorporates by reference Paragraphs 1 through 16 of the complaint as if set forth at length, 4 i l i I' , ,.,;..;..",'f.'. lB, The Defendant England, as the employer of the Defendant Rash is liable to the Plaintiff under the theory of Respondent Superior for the negligence of the Defendant Rash as set forth herein, 19, The Defendant England, BS the employer of the Defendant Rash, was negligent and reckless, in failing to properly select, train and supervise the Defendant Rash. WHEREFORE, the Plaintiff, Paula A. WhJ.tman, demands judgment against the Defendant England in an amount in excess of 'l'wenty- Five Thousand ($25,000,00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration and also makes demand for punitive damages, COUNT III - LOSS OF CONSORTIUM Michael E. Whitman v. C.R. ENGLAND & SONS.and RONALD D. RASH. JR. 21, Plaintiffs, Paula A. & Michael E. Whitman, incorporate by reference Paragraphs 1 through 20 as if set forth at length. 22, Plaintiffs, Paula A. Whitman and Michael E, Whitman are husband and wife, 23. As a result of the Defendants' Rash and England negligence as set forth in Counts I and II, which resulted in injuries to the Plaintiff, Paula A. Whitman, the Plaintiff, Michael E. Whitman, has been deprived of the assistance and society of her husband, all of which have been to her great damage, loss, and detriment, WHEREFORE, the Plaintiff, Michael E. Whitman, demands judgment against all of the Defendants, jointly and severally, in 5 ~ 10 an amount in excess of Twenty-Five thousand, $25,000.00, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, Respectfully submitted 1k' is M, So a, Esquire 20 North Second Street Harrisburg, PA 17110 (717)-233-4l4l Attorney for Plaintiffs Date I November 10, 1997 , , ,6 VERIFICATION, I, Paula A, Whitman, verify that the statements made in the foregoing Compl~int are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in l8 Pa,C.S, S4904j to authorities. r~lating_to unsworn falsification ;;~ --- ,.--- z?d/. ../ l'aula A, Whi tman .. Datedl If' I#-' '11 ~RIFICATIOli I, Michael E, Whitman, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, I understand that any false statements therein are subject to the criminal penalties contained in lB Pa,C.S, 54904, relating to unsworn falsification to authorities, ~-/~' ~. /2: $~--~-- ~" ~ chael E, Whitman Datedl /1_ I.> . '(7 " PAULA A. WHITMAN & MICHAEL E. WHITMAN, Plaintiffs v, C.R. ENGLAND & SONS and RONALD D, RASH, JR, Defendants TO THE PROTHONOTARY: PRAECIPE IN THE COURT O~ COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO, 97-6246 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED Please mark the above-captioned matter settled, discontinued and ended with prejudice, Dated: /-) 7'1~ .~ '___ ~f M, Socha, 2201 North Second Street Harrisburg, PA 17110 (717) 233-4l41 Attorney for Plaintiff '" CERTIFICATE OF SERVICE I, Carrie E. Cook, Secretary to Francl& M. Socha, Esquire, hereby certify that I have, on the date below written, served a true and correct copy of the foregoing document, Praecipe to Settle, Discontinue and End, by First Class Mail, postage pre- paid, addressed to the following: Nelson L, Hayes, Esquire C,R. England, Inc. 4701 West 2100 South 84120 P,O, Box 27728 Salt Lake City, UT 84127-0728 ll2Ac;!CrDJ- Carrie E. Cook Date: January,27, 1998 " \ , . I., . ,........111._" . ;I~ " " I' I ,.