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6. At that time and place, Defendant Joey R. Chase was
operating a 1970 Chevy Nova. Defendant Chase's automobile was
positioned in the left lane of SR581 westbound facing east and was
disabled due to his automobile, previously spinning out of control
and hitting the concrete median barrier.
7. At that time and place, Defendant Joey R. Chase did not
have his emergency lights or his headlights on to warn other
motorists that his vehicle was disabled.
8. At t.hat time and place, a violent collision occurred
involving the Rivera automobile and Defendant Joey R. Chase's
automobile.
9. At that time and place, the front left fender of the
Rivera automobile violently collided with the front left fender of
Defendant Joey R. Chase's automobile.
10. At that time and place, Defendant Joey R. Chase was
standing outside of his vehicle at the scene of the accident and
had a smell of some type of alcoholic beverage on his breath.
11. Immediately thereafter, Plaintiff James Rivera was
transported by ambulance to Polyclinic Medical Center in
Harrisburg, Pennsylvania.
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12. All of the hereinafter mentioned injuries and damages
sustained by Plaintiff James Rivera are the direct and proximate
result of the negligent, careless, wanton, and reckless manner in
which Defendant Joey R. Chase operated the 1970 Chevy Nova as
follows:
(a) failure to keup alert and maintain a proper watch
for the presence of other motor vehicles on the
highway;
(b) failure to keep a proper watch for traffic on the
highway in order to warn them of his disabled
vehicle;
(c) failure to take reasonable evasive action to avoid
the accident;
(d) failure to drive his vehicle with due reg'ard for
the highway and traffic conditions which were
existing and of which he was or should have been
aware;
(e) failure to travel at a safe speed;
(f) failure to have his vehicle under such control so
as to be able to avoid previously colliding with
the concrete median barrier; and
(i) driving his vehicle upon the highway in a manner
endangering persons and property and in a reckless
manner with careless disregard to the rights and
safety of others and in violation of the Motor
Vehicle Code of the Commonwealth of Pennsylvania.
13. Plaintiff James Rivera sustained painful and severe
injuries which include, but are not limited to, a scalp laceration
to the bacl< of the head, chest contusion and neck strain.
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14. By reason of the aforesaid injuries sustained, Plaintiff
James Rivera was forced to incur liability for medical treatment,
medications, . hospital~zation, physical therapy, and similar
miscellaneous expenses in an effort to restore himself to health,
and claim is made therefor.
15. Because of the nature of his injuries, Plaintiff James
Rivera has been advised and, therefore, avers that he may be forced
to incur similar expenses in the futur,e, and claim is made
therefor.
16. As a result of the aforementioned collision aqd resulting
injuries, Plaintiff James Rivera has undergone and in the future
will undergo great physical and mental suffering, great
inconvenience in carrying out his daily activities, loss of life's
pleasures and enjoyment, and claim is made therefor.
17. As a result of the aforesaid injuries, Plaintiff James
Rivera has been and in the future will be subject to great
humilJ.ation and embarrassment, and claim is made therefor.
18. As a result of the aforementioned collision and resulting
injuries, Plaintiff James Rivera has sustained work loss, loss of
opportunity and a permanent diminution of his earning power and
capacity, and claim is made therefor.
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Plaintiff
IN TH~ COURT OF COMMON PLEAS
CUMBERLI\.ND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-7152 Civil
JAMES RIVERA,
v.
JOEY R. CHASE,
Defendant
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned action as settled,
satisfied, and discontinued and issue a Certificate of Settlement.
----._- .----------_...
I\.NGINO & 'ROVNER~;;")-
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R rd A.~ ck, Esquire
//'~'~i_~~rt~ Fr~nt Street
- Harrisburg, PA 17110
(717) 238..6791
Counsel for Plaintiff
Date: March 17, 1998
cc: Mr. John C. Marshall
Litigation Representative
The Atlantic Casualty Companies
P.O. Box 105435
Atlanta, GA 30348-5435
Claim No: 06172321-01-F06
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