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Home My WebLink About98-01275 ~ + . - 4 . . 'it <j ~ ~ ~ . " {' ~ ':'- ~ oo~ ~ ~ ~ ~ ()o, ...... BEVERLY AND FRED PUTNEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KIMBERLY GRIFFITH, Defendant NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1 of the accident, Cook Drive Interstate 11 on its eastern side with a stop sign for traffic travelling on Cook Drive before entering Route 11, 7. At that time and place, Plaintiff Beverly Putney was travelling within the left lane of travel for south bound traffic on State Route 11, a safe and appropriate speed. 8. At that time and place, Defendant Kimberly Griffith was travelling in a westerly direction on Cook Drive and was attempting to cross Route 11 to gain access to the entrance ramp to Interstate 81 northbound. 9. At that time and place, Defendant Kimberly Griffith failed to yield the right-of-way and crossed the northbound and center lane of Route 11, striking Plaintiff Beverly Putney's vehicle on the driver's side and forced Plaintiff's vehicle off the roadway. 10. At that time and place, the front portion of the Defendant Kimberly Griffith's vehicle violently collided with the left front and left rear portions of Plaintiff Beverly Putney's vehicle in Beverly Putney's lane of travel. 11. The foregOing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Beverly Putney are the direct and proximate result of the negligent, careless and reckless manner in which Defendant Kimberly Griffith operated her motor vehicle as follows: 2 a. failure to keep alert and maintain a proper watch for the presence of other mot.or vehicles on the highway; b. failure to yielding Plaintiff proceeded stop at the stop sign on cook for approaching traffic, Beverly Putney when she on Route 11; Drive and including properly c. failure to apply her brakes in sufficient time to avoid striking the driver's side of the Plaintiff's vehicle; d. failure to travel at a safe speed; e. failure to keep proper and adequate control over her vehicle; f. failure to drive her vehicle with due regard for the highway and traffic conditions with were existing and of which she was or should have been aware; and g. dri ving her 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. CLAIM I BEVERLY PUTNEY V. KIMBERLY GRIFFITH 12. Paragraph 1 through 11 are incorporated herein by reference. 13. Plaintiff Beverly Putney sustained painful and severe injuries which include but are not limited to pain and disability with her left shoulder resulting in surgery, as well as injury to the soft tissue of the left shoulder with resulting spasm and pain in the muscle and bruises to her left rib cage. 14. By reason of the aforesaid injuries sustained by Plaintiff Beverly Putney, she was forced to incur liability for 3 medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 15. Because of the nature of her injuries, Plaintiff Beverly Putney has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Beverly Putney has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforementioned injuries, Plaintiff Beverly Putney has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 18. As a result of the aforesaid injuries, Plaintiff Beverly Putney has sustained uncompensated work lass, and claim is made therefor. 19. Plaintiff Beverly Putney 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. WHEREFORE, Plaintiff Beverly Putney and Fred Putney demands judgment against Defendant Kimberly Griffith in an amount in excess 4 ... Z 286 j9 518 us Poslal SONlco . Receipt for Ce lied Mall No Insurance Coverago Provided. Do nol usolor Inlomallonol Mall 50 Sel Postago $ Certified Fee Special Delivery Fee Restricted Delivel')' Fee '" ~ RelUm RocoIpt Showing 10 .... Whom & Dale De~vered 'C RelrnRec~~tov.tan, ~ Dale.&Adci'essee'sAdckess d o TOTAL Postage & Fees $ 1XI (f) Postmsli( or Dale ~ C! tJmp l 9 c--' ~ 3-12..: 0 __~;;,~;;.>f .- I... II \ I :, i 15 ~ , Consult postmaster lor lee. i 'll 3. cle Addressed 0: J . ~ J J .il~~ 4a. ArtIcle Numbor ~ I~ \ I. rM.k'iin~~-~: '2..~8'lo /59\0,) U : i };).5'Dlf fuan ~ ~ H I.Vi1vIsv d.1.t i N C. ~ stD S- I also wish to receive the following services (for an extra lee): 1. CJ Addressee's Address 2. CJ Restricted Delivery 5. Received 6,: (Print {oj !l B. slgnolJlJll: (A re ~ X 11-# .!I PSFonn3811, Decem r19 102895-07.9.0'7. Domest c Return Race pt ....... . --f" 0 l.O Q, c; CP -:::~ :r.: :? ""00) )::JI ~=fi :!l rnrn ;:=1 :8fii z::n N ;~ c: .- ~~ tf;.:;. - 2tj ~ 9~~ "- ..,- 1;' () - :!:::{ ) ~ 6m J." C:: -. ~ Con -r. ~ -. - I \ (") u:> 0 c:: 00 ",,~: ::Jr:: ." -,,_,l,JJ ",. -J -.- L.P :'0 i~l :!l ~"'2 N r- ~- 5" I5~ (rJ, ~. - ;:$'" - ~f..:"j Q :r:n -C X:fj ::c :;-() fS5 98 .;.J>c: 0' ~ -I ~ i15 -< .-...~ . . >. \.II ~- tr, -" ". ~ :::: IJ~~? (,,.: ;:~ ;:: '~" u; :;.):~? ~s ;~J;;:.! (1'1 ;"..:/1 . ::.t..L N ~:) .~ LJIa:_ n:~': .n:~:) n::. ;H~ (;... r= ~ ~ Ii. <Xl :::> 0 0' u her own lane of travel within the posted speed limit when the Defendant's vehicle cut across her lane directly into her path and into her previous~y assured clear distance ahead. The accident occurred solely as a result of the negligence of the Defendant, 24. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Doctrine of Assumption of the Risk is in any way applicable to Plaintiff's claim arising out of an automobile accident. By way of further response, Plaintiff Beverly Putney had no way and no reason to anticipate the negligent conduct of Defendant and did not have to assume that she would be involved in an motor vehicle accident or that the Defendant would be negligent in the operation of her motor vehicle. Furthermore, Beverly Putney had no way of anticipating or appreciating the nature and severity of injuries that she sustained in the accident as a result of the Defendant's negligence. 25. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Defendant was in any way presented with a sudden emergency or was presented with a set of circumstances which was not the result of her own conduct. To the contrary, as set forth more fully in Plaintiffs' Complaint, the accident occurred solely as a result of Defendant failing to yield the right-of-way in crossing several lanes of the highway in which vehicles were approaching so 2 close as to constitute a hazard. It was the Defendant's failure to yield the right-of-way to traffic before entering and crossing the highway which resulted in the accident. 26. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' claim is barred by the applicable statute of limitations. As set forth in Plaintiff' Complaint, Plaintiff's cause of action arose as a result of a motor vehicle accident on August 17, 1996. Plaintiffs' Complaint was filed on March 3, 1998 and served on the Defendant on March 16, 1998, well within the two year statute of limitations which applies to her claim. See, 42 Pa.C.S.A. ~ss24. 27. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Beverly Putney had elected limited tort coverage on her insurance policy. To the contrary, it is averred that all times, Plaintiff had selected full tort coverage on her policy. By way of further response, it is averred that Plaintiff's tort selection is irrelevant, given the fact that the Defendant driver was operating a motor vehicle registered in another state driver which makes Plaintiffs tort selection inapplicable. See, 75 Pa.C.S.A. ~170s(d) (1) (ii). 28. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may 3 I r; , .', \ I."" , , l' ,.,'.. f.. ....S.\~ i l" , :...~ r. , , j