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Home My WebLink About99-00443 , , , , , , ol , , - , , I ~i ~ & CI UJ ~! ~ a: fil ... a:l .-il fil ~ ~ . 0 ~ en("') l-< .-i .", ~ 88 Q).j.J r-- e ;>1 ~ ..r:::Q) .-i -,,' ><:I::r-- ~ ~ ~ ~ u: ~ ~~~~ , .,;", 1 &.j.J P;Lf) -< ("'), c:: enr-- <1'0 <1'1 0 r-- .", 0 <1" i2 u:l ." . -i-J,...f tnf" 0 I' f.'< en. ~ :E: Q).-i ~ N ",' ~i9~ "': ~ ~~x.g~~ , o dl-~ N 1 j OH .-i, , -", tn . . I 1 H o~ ;>, Q)"'Ol-<O.... ~ g g:;Z~ -,,' l-4 r-i . m . r-i ul t.9("')P;:I::Hr-- -~,' , - >- G ~ C:' /.. f-" :::'J._ UJ~ - 0";"'" (.) ,- u;-:; G:f-1 n: .'+.~.. c:)~ ',)c; 1..0 :~;;s:; or._: ,:1% UJL, r"-7 -ll~ I 0: L~tl.J Ci:-r 00:1: ::0 a.. i== :c ~ IL C1"l 0 C1"l () ~ C') r::: .<;: -, 0 n;~ ~7 ;r.: u::c5 1-1- ~r .;,:J.: :'~::J i-)~; , ,- ;:n 6n' 0'\ :',1 .",. u..1"'- ,,: 11':::-<: -111 L~J :...!..../ ~?-:: ec:-C ~r}r..J... :;;:: ..;~ t.I~ C" =-j 0 CT'I U , '",- . ) ~ ev, '- E;; I-" ;3~E wr;' c."';,- ;c --(". tt-c .'- ~'.~l ::':.J e:;.,t; C'l ::.:~g on. n......._ Wi~h ':;:::2: fEUJ c:.: . J I :~J f.!:: ..t;'; ~.L1 CL ~ ...;: _u U.. 0" :::0 0 "" U , , 6. Denied. To the contrary, the road surface was wet and it had been raining almost all day long and Defendant Miller belieyes and therefore avers that it was raining at the time of the accident itself. 7. Admitted only that, on or about February 15. 1997, at approximately 5:16 p.m.. Plaintiff was traveling eastbound on Walnut Street in Dauphin County. Pennsylyania. Denied that she slowed and came to a complete stop behind a yehicle which was making a left turn. Defendant Miller further denies the implication in paragraph 7 of the Complaint that, at all times relevant hereto. Plaintiff was traveling in the same lane as was Defendant Miller. 8. Admitted only that, on or about February IS, 1997, at approximately 5:16 p.m., Defendant Miller was traveling eastbound on Walnut Street in Dauphin County, Pennsylvania. Denied that he "suddenly and without warning. . . slammed into the rear of Plaintiffs vehicle." To the contrary, his vehicle came into contact with the rear of Plaintiffs vehicle when she suddenly and without warning changed lanes, moving from the right lane into Defendant Miller's lane of travel (the left lane), when there was neither room nor a reasonably safe opportunity in which to do so. 9. Defendant Miller is without knowledge or information sufficient to form a belief as to the averments of paragraph 9; proof thereof is demanded. -2- 12. The allegations in paragraph 12 as to negligence set forth conclusions of law to which no response to required. With respect to the allegations as to alleged injuries sustained by Plaintiff, Defendant Miller is without knowledge or information to form a belief as to such allegations; proof thereof is demanded. 13. The allegations in paragraph 13 as to negligence set forth conclusions of law to which no response to required. With respect to the allegations as to alleged injuries sustained by Plaintiff. Defendant Miller is without knowledge or information to form a belief as to such allegations; proof thereof is demanded. 14. The allegations in paragraph 14 as to negligence set forth conclusions of law to which no response to required. With respect to the allegations as to alleged damages sustained by Plaintiff, Defendant Miller is without knowledge or information to form a belief as to such allegations; proof thereof is demanded. 15. The allegations in paragraph 15 as to negligence set forth conclusions of law to which no response to required. With respect to the allegations as to alleged damages sustained by Plaintiff, Defendant Miller is without knowledge or information to form a belief as to such allegations; proof thereof is demanded. 16. The allegations in paragraph 16 as to negligence set forth conclusions of law to which no response to required. With respect to the allegations as to alleged damages sustained by Plaintiff. Defendant Miller is without knowledge or information to form a belief as to such allegations; proof thereof is demanded. -4- ~ ~ t <C. t- .. -, ~ UJQ ~ ,.;.}~ p~O _r ()~. :t.:r: c: f~-\ '3 '2( -:,;'j.- 0 CO -,'U) tL S" N ,- u.IG- "-Z :..Jt.- cr.: r:-l u1 0:: .>., :.1: C'_ ~"'2(]- r- .c:: .- W_ O~ :-.5 0 cr> C:..) ~ Cl r -'- u~ Z 'i.S i.r. ?<(' () :;~~ U,J..," .::)~f.: SJ:.-) -- .~. ~j0:; Cl-- (:'~..J ''';'~ \,0 ..:;~)f}}. 0<- \ \i:\~", "I'. -;;. ,..... ,0tD u:.: ~j~ ..'~. rDtJ,.. ,- ~ 0-.;. ll_ 0" 5, 0 0.... c.:> >- ..;:). f; ~ N .z:: LJj~ c;.. ::-J< rO) _.. ().I".: .".. (:) ~( Cj-Co 1..-'- ;;;: ll-_l. C::J ::j bEl >;;>- or.: ...0 :~<~ L.LI('.. _..J._ --' l ' s: ....r: -;:~ u:L i.~Jru T c:: - ~I~CJ... oC( I.!~ c::;; ;,':; 0 0"> U owned by Defendant, Kathleen Turley. 6. At all times material to this action, there were no adverse weather conditions and the road surface was dry. 7. On or about February 15, 1997. at approximately 5: 16 p.m., Plaintiff, Hosanna Asfaha, was traveling eastbound on Walnut Street in Dauphin County, Pennsylvania, when she slowed and came to a complete stop behind a vehicle which was making a left turn. 8. On or about February 15, 1997, at approximately 5:16 p.m., Defendant, Phillip T. Miller, was traveling eastbound on Walnut Street in Dauphin County, when suddenly and without warning, he slammed into the rear of Plaintiff's vehicle. 9. Prior to the aforementioned collision, Plaintiff purchased a policy of motor vehicle insurance from Liberty Mutual Insurance Company and selected the full tort option. Said policy was in full force and effect on the date of the collision. COUNT I Hosanna Asfaha v. Phillio T. Miller 10. Paragraphs 1-9 are incorporated herein as if set forth at length. 11. The aforementioned collision and the resultant injuries to PlaintitI, Hosanna Asfaha, were the direct and proximate result of the negligence of the Defendant. Phillip T. Miller, generally and more specifically as set forth below: (a) In failing to keep alert and maintain a proper lookout for the presence of other vehicles lawfully on the roadway; (b) In failing to maintain proper and adequate control of his vehicle in order to avoid a collision with Plaintiff; 2: (c) In failing to properly and adequately observe the traffic conditions then and there existing; (d) In failing to operate his vehicle in such a manner so that he could apply his brakes to avoid a collision with the rear of Plaintiff's vehicle; (e) In failing to operate his vehicle at a speed, and tmder such control, so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa.C.S.A. ~ 3361 and to avoid strildng the rear of Plaintiff's vehicle; (f) In failing to be reasonably vigilant to observe Plaintiff's vehicle; and (g) In failing to exercise reasonable care in the operation and control of said vehicle, in violation of 75 Pa.C.S.A. ~ 3714. 12. As a direct and proximate result of the negligence of the Defendant, Phillip T. Miller, Plaintiff, Hosanna Asfaha, sustained serious injuries including, but not limited to cervical joint dysfunction, cervicothoracic muscle spasms, thoracic dysftmction and thoracic myofascial pain syndrome. 13. As a direct and proximate result of the negligence of the Defendant, Phillip T. Miller. the Plaintiff sustained serious personal injuries requiring emergency medical treatment and continuing medical treatment and physical therapy. 14. As a result of the negligence of the Defendant, Phillip T. Miller. the Plaintiff has been, and will in the future be, hindered from attending to her usual daily activities and duties, to her great detriment, loss, hwniliation and embarrassment. 15. As a result of the negligence of the Defendant, Phillip T. Miller, the Plaintiff, 3 Defendant, Phillip T. Miller, was operating with her permission at the time of the collision. 22. Plaintiff believes and therefore avers that Defendant, Phillip T. Miller, was operating the 1994 Ford Ranger at Defendant, Kathleen Turley's, direction and for her benefit. 23. Defendant, Kathleen Turley, knew or should have known that Defendant, Phillip T. Miller, would be operating their vehicle without reasonable care ,md safety. 24. As a direct and proximate result of the negligence of Defendant, Kathleen Turley, Hosanna Asfaha, has suffered serious bodily injmy as set forth in full herein. 25. The occurrence ofthe aforesaid collision and the resultant injuries to the Plaintiff were caused directly and proximately by the negligence of the Defendant, Kathleen Turley, more specifically set forth below: a) In negligently entrusting her vehicle to Defendant, Phillip T. Miller; b) In allowing Defendant, Phillip T. Miller, to fail to keep a reasonable lookout for vehicles lawfully approaching the intersection of Walnut Street & Fox Street; c) In allowing Defendant, Phillip T. Miller, to fail to be reasonably vigilant to observe Plaintiff's vehicle; d) In allowing Defendant, Phillip T. Miller, to fail to operate the vehicle in such a manner as that he could apply his brakes to avoid striking the Plaintiff's vehicle; e) In allowing Defendant, Phillip T. Miller, to fail to operate the vehicle at a speed, and under such control, so as to be able to stop within the 5 assured clear distance in violation of 75 Pa.C.S.A. ~ 3361; I) In allowing Defendant, Phillip T. Miller, to fall to properly and adequately observe the tmmc conditions then and there existing; g) In allowing Defendant, Phillip T. Miller, to fail to tmvel at a speed that was safe for tTamC conditions then and there existing; h) In allowing Defendant, Phillip T. Miller, to fail to exercise the duty of care as required by 75 Pa.C.S.A. ~ 3321. 26. As a direct and proximate result of the negligence of the Defendant, Kathleen Turley, Plaintiff, Hosanna Asfaha, sustained serious injuries including, but not limited to cervicaijoint dysfunction, cervicothoracic muscle spasms, thoracic dysftlllction and thoracic myofascial pain syndrome. 27. As a direct and proximate result of the negligence of the Defendant, Kathleen Turley, the Plaintiff sustained serious personal injuries requiring emergency medical treatment and continuing medical treatment and physical therapy. 28. As a result of the negligence of the Defendant, Kathleen Turley, the Plaintiff has been, and will in the future be, hindered from attending to her usual daily activities and duties, to her great detriment, loss, humiliation and embarrassment. 29. As a result of the negligence of the Defendant, Kathleen Turley, the Plaintiff, Hosanna Asfaha, has suffered great physical pain, discomfort, humiliation and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 30. As a result of the negligence of the Defendant, Kathleen Turley, the Plaintiff, 6 VERIFICATION The W1dersigned hereby verities that the statements in the foregoing COMPLAINT are based upon information which has been furnished to counsel by me and information which has been gathered by cOW1sel in the preparation of this lawsuit. The language of the above- named COMPLAINT is of cotmsel and not my own. I have read the COMPLAINT and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents ofthe COMPLAINT is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsit1cation to authorities. \\ meA MM.>.l \\ ~~ \~'J-. Hosanna Asfaha Date: LL-yttf/ r /