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" "\ 10. ^lthollgh Brian Collins was visihly intoxicatcd, thc cmplo)'ccs of thc Dclendant Wcst Fain'icw Inn continucd 10 IliTllish him alcohol. 11. ^t approximately 1:30 a,lll, on Fchruary 'I, 1997 Brian Collins lell the Delendant West Fairview Inn driving a 19X7 Chevrolet titled in his name. There \wre two passengers, Lonnie L. Collins, Jr. and Gregory Moyer. 12, Brian Collins, immediately aileI' leaving the Delendant West Fairview Inn, was driving at an excessive rate of speed in an unsale manner traveling North on Routes 11 & 15 in East Pensboro Township. 13, Brian Collins failed to control his car because of his intoxication and it left the paved portion of the road, traveled onto the berm of the road, sideswiped a guard rail, drove up an embankment and flipped over onto its roof. 14, The force of the impact pinned the decedent Lonnie L. Collins, Jr" the front seat passenger, in the car causing his death, 15. Brian Collins was taken to the Hershey Medical Center where a blood alcohol test was performed. 3 20. Till: lkeedent did not hring an aClion lilr pcrsonal injuries during his lilclime, and no other action lilr the death ortllc decedent has hcen commenced against the dclcndants. 21. The CllInmon\l'ealth or Pennsylvania has elUlcted t\l'O seelions under the Pennsylvania Liquor Code which provide Ii.lr the imposition or civilliahility against a licensee of the Pennsylvania Liquor Control Board Ii.lr actions or one or its licensee under circumstanccs such as deseribeu in this complaint. 22. 47 Pa.C.S.A. Section 4-493 (\) provides that "It shall he unlawrul (1) ror any licensee of the Board. or any employee, servant or agent of such licensee to sell, furnish or givc any liquor or malted or brewcd beveragcs, or to permit any liquor or malted or brewed beveragcs to bc sold, furnished or given, to any person visibly intoxicated, or to any insane person, or minor, or to habitual drunkards, or persons or known intemperate habits," 23, Section 4-493 (I) is to be read in conjunction with Section 4-497 which providcs "No licensee shall be liable to third persons on account of damages inl1ieted upon thcm off the licensed premises by customers orthe licensee unless the customer who inOiets the damages was sold, furnished or given liquor, or malted or brewed beverages by the said licensee or his agent, servant or cmployee when the said customer was visibly intoxicated." 5 (hi IIriun Collins' heud wus Iyillg Oil his urm 011 the hur while he eOlllinued 10 ne served ll11d drink: (c) IIriun Collills \\US sluggl'rillg. trippillg wid humpillg into things us he allempted to wulk. 29. Within minutes ulier lelll'illg Ihe Delcndunt Wesl Fuin'iew 11111 where he hud neell served the liquor or mulled or brewed nevemges while visibly into.~ieatcd flriun Collins euused the deuth of Lonllie L. Collins, .II'. us deserined ubove. 30. The Delcndum West Fuirview lilli, Inc. us a lieellsee of the Pennsylvuniu Liquor Control flourd hus violuted Ihe stututes set /onh ubove und is lhere/ore liable f(lr the death of LOllnie L. Collins, .II'. 31. The applicable damages under the Wrong/ld Dealh Ael arc as /(llloIVS: (a) Funeral expenses for the deeedelll Lonnie L. Collins, .II', (b) The expenses of admin is Irati on related 10 Lonnie L. Collins. .II'. 's injuries (c) The pecuniary loss to Susan Vazquez as recoverable under the slatute, (d) Susan Vazquez's deprivation and injury as a result oflhe loss of the SUpport, consortium, com lon, counsel, aid, association, care and services of the dceedcnt; (e) Such other damages as are or maybe permilled in a wrong/hI death action as a maller of law 7 I ..1 'I 32. The OIclions oflhe DefendOlnt Wesl FOIil'\'iew Inn, Ine. through its principOlls. IIgcnts OInd cmplo)'ees as descrihed in this eOlllplainl were a violation of the slalules and were a substOlntiOlllhctor in cOlusing the injuries OInd dCOlth of Lonnie I.. Collins. Jr. 33. The aclions of the Defendanl Wesl Fairview Inn, Inc.. in violating the statute cause it to be liable per se lor the death or Lonnie I.. Collins. Jr. WIIEREFORE. the I'laintilTSusan Vazquez. Individuall)' and as Administratrix of the Estate of Lonnie I.. Collins. Jr. demand judgment against the Defendant West Fairview Inn, Inc. in an amount in excess oflhe compulsory arbitration limits lor Cumberland County, together with delay damages as applicable under the law. COUNT II - SURVIVAL ACTION Susan Vazquez v. West Fain'iew Inn, In~. 34. Paragraphs J to 33 arc hereby incorporated by rererenee thereto. 35. PlaintilTbrings this survival action under and 42 Pa,C.S, 8302 el. seq. 8 3R. Furthcr. Brian Collins was scverely intoxicatcd at thc timc the employees of West Fairview IlIn servcd him. Becausc of that knowlcdge the serving of the alcoholic bcvcragcs to Brian Collins on February Rand 9, 1997 was donc wilh a callous disrcgard I(Jr the potential injury that Brian Collins could cause in his molor vehiclc whilc driving while intoxicaled. WIIEREFORE. thc I'laintilrSusan Vazquez demands judgment against the Defendant West Fairview Inn. Inc. in an amoUIll in excess of the compulsory arbitration limits for Cumberland County. together with punitive damages and delay damages as applicable under the law. RespectliJlly submitted; Date: II)M./;).. / '19 <:t , ADLER & CLARA V AL BY~~~ Robert F. Clarava!. Esq. 125 Locust Street 1'.0, Box 11933 Harrisburg. P A 17108-1933 (717) 233-4780 Allorney I.D. #19222 Allorney for Plaintiffs 10 VERIFICATION The language of the foregoing documcnt is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is hased upon information that I have given to counsel, it is true and correct to the hest of my knowledge. infonnation, and belief; to the extent that the content of the foregoing document is that of counsel. I have relied upon counsel in making this verification, I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities, THOMAS, THOMAS & HAFER. UP /.ff",y B. R.fIiX. hquir. 1.0. Numbtr: 19616 305 North Front SIr..' P.O. Bo. 999 Harrl.burg. PA 17101J.0999 (717) 255.7639 Anomey for o.f.oddot SUSAN M. VAZQUEZ. Individually and as Administratrix of the Estate of LONNIE L. COLLINS. JR., Deceased, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-6519 CIVIL v. WEST FAIRVIEW INN, INC" ENTRY OF APPEARANCE \ \ Defendant TO THE PROTHONOTARY: Please enter my appearance for Defendant, West Fairview Inn, Inc.. in the above- captioned case, THOMAS, THOMAS & HAFER, LLP / Ie; (f Dated: /.);/,< 1 ~'"'' . '1 '.).' / \ It,. .. Jeffr7y' ~:;~t;i~\~~frff LD.,Number: 19616 ( ''/ 305 North Front Street P.O, Box 999 Harrisburg, PA 17101 (717) 255-7639 J ,( .~ >~i U:. .:;~ ,- i-:, .-: ~l ~ ( ':-<'. \ -~- . \::..', C, c: C"'; ',D t.~' . (" C- (f" ... .~ ) " ~-: It \ SUSAN M. VAZQUEZ. Individually and as Administratrix of the Estate of LONNIE L. COLLINS, JR., Plaintiffs , : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA NO. IlJlJX-()(,5IlJ v. CIVIL ACTION .LA W I , J I WEST FAIRVIEW INN,INC.. Defendant : JURY TRIAL DEMANDED "nAECII'E TO THE PROTHONOTARY: Please mark the above captioncd action settled and discontinued. Rcspeetfully submitted, Date: I I! ill ~ ..0;', .~i ; ~; '. B~ ROBE '. CLARA V AL P.O. Box 11965 Harrisburg, I' A 171 ()8-1965 (717) 233-4780 Supreme Court I.D. #19222 , Attorney lor Plaintiff