HomeMy WebLinkAbout99-01339
CIVIL ACTION COMPLAINT
1. Plaintiff, Charles M. Brotemarkle, II, is an individual
residing at 12 Hanover Street, New Oxford, Pennsylv~nia.
2. At all times material hereto, defendant, Gayle Irene
Wood, was an individual residing at 104 Yates Street, Mt. Holly
Springs, Pennsylvania.
3. At all times material hereto, defendant, Nevin S. Wood,
was an individual residing at 104 Yates Street, Mt. Holly Springs,
Pennsylvania.
4. At all such times, defendant, Nevin S. Wood, was the
owner of the vehicle operated, managed, possessed and controlled by
defendant, Gayle Irene Wood, who was then and there acting as the
agent, servant, workman and/or employee of the owner of the vehicle
and was acting within the course and scope of her authority or,
said defendants jointly owned the vehicle.
5. On or about September 19, 1997, at or about 7:56 p.m.,
plaintiff, Charles M. Brotemarkle, II, was the operator of a motor
vehicle travelling in a southerly direction on S.R. #34/Holly Pike,
a public highway, at or near Midway Drive in the Municipality of
South Middleton Township, County of Cumberland, Commonwealth of
Pennsylvania.
6. On the aforesaid date, time and place, the defendant,
Gayle Irene Wood, was operating the motor vehicle owned as
aforesaid in a northerly direction on S.R. #34/Holly Pike at or
near Midway Drive in South Middleton Township, Pennsylvania so
negligently, recklessly and carelessly so as to cause her vehicle
to cross the center lines, enter the southbound lanes of travel and
to suddenly and severely strike plaintiff's vehicle resulting in
serious injuries to the plaintiff as hereinafter described.
7. The negligence, recklessness, and carelesanccc of the
defendant, Gayle Irene Wood, and of defendant, Nevin S. Wood, by
his agent, servant, workman and/or employee, defendant, Gayle Irene
Wood, consisted of the following:
(a) Failing to have their vehicle under proper and
adequate control;
(b) Failing to maintain their proper lane of travel;
(c) Operating their vehicle at an excessive rate of
speed;
(d) Failing to warn of the approach of their vehicle
without due regard for the rights and safety of the plaintiff;
(e) Operating their vehicle in a reckless, dangerous and
unsafe manner;
(f) Failing to make timely application of the vehicle's
brakes;
(g) Failing to maintain a proper lookout;
(h) Failing to slow, stop or swerve their vehicle when
the defendant, Gayle Irene Wood, knew or should have known in the
exercise of reasonable care that unless she did so, their vehicle
would cause the aforesaid accident;
(i) Operating their motor vehicle in violation of the
ordinances of the County of Cumberland and the statutes of the
Commonwealth of Pennsylvania pertaining to the proper operation of
motor vehicles;
(j) Operating a vehicle with a defective brake system;
(k) Failing to properly inspect and maintain the vehicle
in question;
(1) failing to follow roadways laned for traffic;
(m) Otherwise failing to use due care and caution under
the circumstances;
(n) Negligence as a matter of law; and,
(0) Negligence in other respects which may well be
pointed out during discovery or at the trial of this matter.
S. Defendant, Nevin S. Wood, was further negligent as
follows:
(a) Allowing and permitting his vehicle to be operated
by defendant, Gayle Irene Wood, when the defendant, Nevin S. Wood,
knew or should have known in the exercise of reasonable care that
defendant, Gayle Irene Wood, was not adequately trained to operate
or was otherwise incapable of safely operating the said vehicle;
(b) Failing to investigate and/or negligently
investigating the driving ability of defendant, Gayle Irene Wood,
prior to allowing her to operate his vehicle;
(c) Otherwise failing to use due care and caution;
(d) Negligence as a matter of law; and,
(e) Negligence in other respects which may well be
pointed out during discovery or at the trial of this matter.
9. As a result of the aforesaid accident, plaintiff, Charles
M. Brotemarkle, II, sustained serious and painful injuries,
including, but not limited to, strain/sprain of the neck, whiplash
injury, thoracic/intercostal neuritis/radiculitis, lumbar IVD
displacement,
cervical
kyphooio/hypolordosio,
ocoliosis,
subluxation of the sacrum, mixed headaches, cervical strain,
syncope and episodes of 1000 of connciouoness, ilO well ilEl a oevere
shock to his nerveD and nervouo oyotem and was otherwise bruised,
lamed and disordered, some or all of which are permanent in nature.
10. As a result of the aforesaid accident, plaintiff, Charles
M. Brotemarkle, II, has been and may in the future be required to
spend considerable sums of money for medical treatment in an effort
to treat and cure himself of the injuries sustained as aforesaid,
any and all of which may continue to his great financial loss and
detriment.
11. Further, plaintiff, Charles M. Brotemarkle, II, has been
and may in the future be unable to work due to his injuries, with
consequent loss of earnings and impairment of earning capacity.
12. Further, plaintiff, Charles M. Brotemarkle, II, avers
that he may have sustained other injuries and aggravated pre-
existing conditions.
13. As a direct result of the aforesaid accident, plaintiff,
Charles M. Brotemarkle, II, has suffered great physical pain and
mental anguish all of which may continue in the future.
14. Further, plaintiff, Charles M. Brotemarkle, II, has
suffered a loss of the enjoyment of his usual duties, life's
pleasures and activities and a shortening of his life expectancy,
to his great detriment and loss.
15. Plaintiff, Charles M. Brotemarkle, II, in no manner
contributed to his injuries which resulted from the direct
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negligence of the defendants herein.
AI.U:N I.. ROTm:Nllf:R(;
II)': ()avld C. Novlllk)', f:.qulrr
Identlne.llon Number: 40738
ISI8 W.lnut Stnd
IS'. Floor
l'hU.delphl., l'rnns)'lvania 19102
(215) 732.1700
Attorne)' for PI.lntlff
CHARLES M. IIROTEMARKLE, II
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
\"S.
GA VLE IRENE WOOD
and
NEVIN S. WOOD
No. 99-1339 Civil
ORDER TO SETTLE, DISCONTINUE & END
TO THE PROTHONOTARY:
Kindly mark the above matter "SETTLED, DISCONTINUED &
ENDED," upon pa)'mcnt of your costs only.
~ "'7-
DA VID C. NOVITSKY, ESQUIRE
Attorney for Plaintiff
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