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Home My WebLink About98-04265 J ~I ~I ~1 I ~\ ,! ~\ ~ ~i ~: :i, ~i ~ ~ 11 -\ ~ "',", l:) \ \ ~ ' ./ / " ,/ t , l $ l' f' { ~ I :--1 - 1 .',) <:11 \n --.) , "A I ::f . Co ~ ~\ I '. / .I relevant hereto was, a business entity organized and existing under the laws of the Commonwealth of Pennsylvania, and is engaged in the business of selling retail goods to the pUblic, with its principal place of business located at 51 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. The event out of which this action arose took place in the defendant's place of business during normal business hours on or about November 25, 1996. 5. At all times relevant hereto, Plaintiff, Maxine J. Knox, was at Defendant's place of business as a customer of Defendant's business, and, as such, was a business invitee. Maxine J. Knox VS. Country Market-Nursery 6. Paragraphs 1 through 5 are incorporated herein by reference as though set forth in their entirety. 7. The Plaintiff, Maxine J. Knox, as a business invitee, was shopping in the Defendant's place of business, looking at merchandise placed on display by the Defendant, near or on steps between different levels of the store. The Plaintiff, distracted by the merchandise display and without warning of the steps, fell, thereby suffering the injuries, damages, and losses which Plaintiffs herein complain. 8. At all times relevant hereto the Plaintiff, Maxine J. Knox, was acting with due regard for her own safety and was not negligent or careless in any way. 9. The injuries, damages and losses which plaintiffs herein complain are the direct and proximate result of the negligence, carelessness and recklessness of the Defendant. 10. Defendant was negligent and careless in the following respects: a. In failing to warn the public in general and the Plaintiff in particular of the steps located in Defendant's place of business. b. In placing display tables immediately adjacent to steps thus hiding the steps and distracting the public in general and the plaintiff in particular from seeing the steps. c. In placing display tables directly in front of handrails along the side of the steps thus hiding the handrail and distracting the public in general and the plaintiff in particular from seeing either the handrail located on one side or the steps. d. In placing a table directly in front of the handrail on the steps thus preventing the public in general and the plaintiff in particular from using the handrail. e. In using the same type of flooring for the floor level and the steps thus hiding the steps and preventing the public in general and the Plaintiff in particular from seeing the steps. f. In failing to post warning signs or any markings concerning the existence of the steps. 11. As a direct and proximate result of the foregoing, the Plaintiff suffered and sustained grievous, severe and permanent injuries to her person, from such injuries she suffers and will continue to suffer great pain. From such injuries she was disabled and still is disabled and in all reasonable likelihood will be permanently disabled for the rest of her life, all to her general damage. 12. In an effort to heal, relieve and alleviate the injuries, Plaintiff was hospitalized under the care of doctors, nurses and other health care professionals for a long period of time and will, in the future, require further hospital, medical, surgical and nursing care and expense, all to her further damage. 13. As a direct and proximate result of the aforementioned fall, Plaintiff received severe and permanent injuries including, ~t not limited to: a. Severe physical pain, disfigurement and nervous shock; b. Serious physical injuries, including but not limited to a comminuted impacted and displaced and angulated fracture of the left wrist and a fracture of the pelvis; c. Past, present and future medical rehabilitative expenses; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAXINE J. KNOX AND . CIVIL ACTION - LAW . KENNETH E. KNOX, : wife and hUs8ijlnd, . A.D. NO. . . . Plaintiffs, VB. . . . . COUNTRY MARKET~NURSERY, . . Defendant. JURY TRIAL DEMANDED VERIFICATION I, Maxine J. Knox, hereby certify that the facts and statements set forth in the foregoing Complaint in Civil Action, are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties. Dated: ~/I~/ jJ7 mo~~9~ MAXIN J, KNOX '._-'. ,.."......-...,"~.-"._- .,.-~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAXINE J. KNOX AND . CIVIL ACTION - LAW . KENNETH E. KNOX, wife and husDijlnd, A.D. NO. . . plaintiffs, . . VS. . . COUNTRY MARKET-.NURSERY, . . . . Defendant. JURY TRIAL DEMANDED VERIFICATION I, Kenneth E. Knox, hereby certify that the facts and statements set forth in the foregoing Complaint in civil Action, are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false statements, I may be subject to criminal penalties. Dated: ~;0o/'&J 7 ){~~~~ F: ~ KENNETH E. KNOX ~ , _,~B ,L(~.Ui. B.f2-JL~L'~~'j~~J,L __.'. CUi'j,;';".r;;r;;i.",:.;li I ',lj, " ",' "l'_,~J 1.;~J',(. ;:;::'1'1;:':, t::i"~' "i !~!J,:;, '..lp;:t;'j i::l €:,.r I.;" f; ,:;i ;~-, II t , :J ~ 1. 'J ~) 09, ;J j-~ n.._~'i.L._~L~J.~: Ii E C H A lLL~~ B U.F; c.; !.__~~:i_.. Couni:~:. !-~; rlri;::,~,. L '.!;~ln 1. ':'1 i1;"" It: -----.,.--..---- CJJ.i.t~.:_~)_ :~~. 'J. f"'\,,:,:: -..-------..--.,.-----.- ;::l r. t.::.:: :J;jU '':';')1''.: ;:;ind ~-1 ;: ':'.:;;:-, :;;'j.:I',::, ,:1 :.r (:0l-ttGnt~ ltier0of. ;:: ..'-:' ,", Siler if f . ::,; (::::'J::: Dc,c.l:~?t i f) ;~; ~:);;:, T:'-/ .!. '..:. ;::' .. A~ti.lda\':l'~_ :3uI"'charge C ,-- . ~ , :;'rg~d<~~ .0 (:': I~i :::, (~. . i:..: .";, " ~~':'1:'!~;::\5':~--F~rIT~I7.::-.----sr~~r------ ::' E.~! ':: ,',/ LU!iJ ~ ,----, _u__ ~ ___1(; ~,~ ..1:.'1='U::Y :';'IJ;:;-r J_~:t ::ry S"'()l~n anij :~ll~SS:-J.Led tc. :.;.. '2'.1: (i :;:.- :-:"' ; :~. "", chi,,, J.S~ ,L". _____.__ _, <,.J ..-' 19__ q f___, A. c', --~\,:y,:<:::g:c-a~ &~di?' ::::::;.~-; i l ''': ~_ ! ; (l n ~:; '; ,.-/- ". F -. 7-. u:C CM__,,_, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAXINE J. KNOX and : KENNETH E. KNOX, . . wife and husband, . . . . Plaintiffs, . . . . VB. . . . . COUNTRY MARKET-NURSERY, . . . . Defendant. . . CIVIL ACTION - LAW NO. 98-4265 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within United States Mail on this 18th day of December, 1998, upon the Praecipe to Settle and Discontinue was served, by and through following individual: STEPHEN E GEDULDIG ESQUIRE THOMAS THOMAS & HAFER LLP ATTORNEYS AT LAW 305 NORTH FRONT STREET SIXTH FLOOR PO BOX 999 HARRISBURG PA 17108 ~lo/,;1~tAd~ ~, ,;-.::' ]~' ,_,"J -- - -.- ._--.-.~ ~ -'-_.~.._....,~.ry".,..,~:"'l........f;,."tJ. n C. '.-- ::J --. u" :::'J --:J q '. ') C'o' I" '.-) " _:..! .n -'1 -,~ ,p.' "JCJ -.~; (:J . ~. -;'. ;:--n ,-?- c:; :')1"n =.. ,~ ::CJ -< (.) """ .-1