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Home My WebLink About99-02194 , ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA COMMERCIAL CARRIERS. INC, nIkIa RYDER COMMERCIAL CARRIERS Plaintiff No, qq. ,) /(1<{ Cu;;J r;.- v, Civil Action - Luw ERIC A, ALGER and SWIFT TRANSPORTATION CO" INC, Defendants Jury Trial Dcmanded TO: Swift Transportation CO"lnc,. 2200 S, 75'h Avenuc. Phocnix. AZ 85043 NOTICE TO DEFEND You have bccn sued in Court, If you wish to defcnd against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 GRlFFIT ~O By: CHARLES ,AL S, ESQUIRE Supreme Courtl.D, ~6208 Attorney for Plaintiff', 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, I'ENNSYL VANIA COMMERCIAL CARRIERS, INC, aIkIa RYDER COMMERCIAL CARRIERS Plainliff No, v, Civil Action - Law ERIC A, ALGER and SWIFT TRANSPORT AnON CO"INC, Defendants Jury Trial Demandcd AVISO USTED HA SIDO DEMANDADO EN LA CORTE, Si usled desea defenderse de Ins quejns expuestas en Ins paginns siguienles, cl:be tomar accion dcnlro de veinle (20) dins a partir de la fecha en que recibio la demanda y el aviso, Ustcd debe presenlar compareceneia eserita en persona 0 por abogado y presentar en la Corte por escrito sus defensns 0 sus objeciones a Ins demandns en su contra. Se Ie avisa que si no se defienda, el cnso puede proceder sin usted y la Corte puede decidir en su contra sin mns aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 pol' cualquier otra queja 0 compensacion reclamados por el Demandanle, USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE, SI USTED NO T1ENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 170 I 3 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCIAL CARRIERS, INC, alk/a RYDER COMMERCIAL CARRIERS Plaintiff v, ERIC A, ALGER and SWIFT TRANSPORTATION CO"INC, Defendants No, 9<1- .J./qy ~ -r~ Civil Action - Law Jury Trial Demandcd COMPLAINT q~h <2{J- AND NOW, TO WIT, this _ day of -,.4 L, 19_, comes the Plaintiff, Commercial Carriers, Inc., alk/a Ryder Commercial Carriers, by its attorneys, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, and Charles B, Calkins, Esquire and files this, its Complaint against the Defendants, Eric A, Alger and Swift Transportation CO"lnc" whereof the following is a statement: I, Plaintiff, Commercial Carriers, Inc" alk/a Ryder Commercial Carriers is a corporation whose address is PO Box 2377, Littletown, Colorado 80161, and is an interstate transportation carrier, 2, Defendant, Eric A, Alger, is an adult individual who at all times pertinent hereto, was the agent, servant and employee of Swift Transportation, Co" Inc" and whose residence address is 1772 State Route 49, Constatia, New York 13044, 3, Defendant, Swift Transportation Co" Inc, is a business entity of unknown origin, with offices located at 2200 S, 75'h Avenue, Phoenix, Arizona, 85043 and conducting business in the Commonwealth of Pennsylvania as a common interstate transportation carrier. 4, On or about April 15, 1997, the Plaintiff was transporting various vehicles on a car carrier when a vehicle (tractor trailer) owned by the Defendant, Swift Transportation Company, Inc" and operated by its agent, servant and employee, Eric A, Alger, negligcntly collided with the Plaintiff's vehicle, thereby damaging cargo the Plaintiff was hauling, namely a 1997 Dodge Intrepid vehicle, 5, The aforesaid damage to the 1997 Dodge Intrepid occurred while the Plaintiff's vehicle was legally parked in the parking lot of the All-American Truck Stop in Carlisle, Cumberland County, Pennsylvania, COUNT I RYDER COMMERCIAL CARRIERS, Plaintiff V, ERIC A, ALGER, Defendant 6, Paragraphs 1-5 are incorporated herein as though more fully set forth at length, 7, At all times relevant hereto, the Defendant, Eric A. Alger, owed the Plaintiff the duty to operate his semi-tractor trailer with reasonable care, 8, As a direct and proximate result of the aforementioned collision, Plaintiff suffered property damage, all caused by the negligent, careless and reckless conduct of the Defendant, Eric A, Alger, which includes but is not limited to the following: a) Failure to have his vehicle under control; b) Being inattentive and failing to maintain a sharp lookout of the road and parking area the conditions of the traffic surrounding, him, the roadway and parking area; c) Failure to operate the brakes of his vehicle in such a manner so his vehicle could stop before colliding with the Plaintiff s vehicle; d) Failure to operate the steering mechanism properly; e) Driving his motor vehicle into the Plaintiffs vehicle which was parked in a legal and lawful manner; o In Imvcling at an unsafe spced for thc conditions thcn and there existing; g) In tmvcling at an unsafe spccd in violation of the I'cnnsylvania Motor Vchicle Codes, 751'0, C,S,A, 3361; h) In failing to opcmte his vehicle undcr such control as to be able 10 stop within the assured clear distancc ahead and without rcgard for the safety of olher vehicles on said roadway and parking lot; i) In failing to have his vehiclc under such control as 10 be able to stop within the assured clear distance ahead in violation ofthe Pennsylvania Motor Vehicle Code 75 Pa, C.S,A, 3361; j) In recklessly driving his vehicle with careless disregard for the safety of persons or properly; k) In recklessly driving his vehicle with careless disregard for Ihe safety of persons or properly in violation oflhe Pennsylvania Motor Vehicle Code 75 Pa, C,S,A, 3736; I) In carelessly driving his vehicle with willful or wanton disregard for the safety of persons or properly; and, m) In carelessly driving his vehicle with willful or wanton disregard for the safety of persons properly in violation of Pennsylvania Motor Vehicle Code 75 Pa, C,S,A, 3714, 9, As a direct and proximate result of the negligence, recklessness and misconduct of Defendant as more fully set forth above, Plaintiffs cargo, namely a 1997 Dodge Intrepid was damaged in the amount ofOne Thousand Five Hundred Ninety-Five and 64/1 00 ($ I ,595,64) Dollars, A true and correct copy of a repair estimate is attached hereto, made a part hereof and marked Exhibit "A", 10, As a direct nnd proximatc result ofthc negligcncc, rccklcssncss nnd misconduct of Defendnnt, the valuc ofthc cargo ic" 1997 Dodge Intrcpid, was diminished sincc said vehiclc could not be sold as a new vchiclc, Thc vchiclc's markct valuc was rcduccd by Two Tholtsnnd Nine Hundrcd Sixty-Onc and 20/100 ($2,961,20) Dollars and Plaintiff compensatcd the cargo owner for said loss, A true nnd correct copy of a document vcrifying the reduced vchicle valuc amount is attached hereto, made a part hereofnnd markcd Exhibit "B", I I, Plaintiffhas demanded its total damages of FoltrThousand Five Hundred FOrly-Four and 82/100 ($4,544,82) Dollars from the Defendant, but the Defendant has refused and continucs to refuse to pay the same or nny part thereof, 12, The amount in controversy herein, requires mnndatory reference to Arbitration, WHEREFORE, Plaintiff demnnds judgment againstthc Dcfcndnnt, Eric A, Alger, for the swn of Four Thousand Five Hundred FOrly-Four and 82/100 ($4,544,82) Dollars together with interest plus costs of suit. COUNT II RYDER COMMERCIAL CARRIERS, Plaintiff V. SWIFT TRANSPORTATION CO., INC., Defendant )3, Paragraphs 1-12 are incorporated herein as though more fully set forth at length, 14, At all times relevant hereto, the Defendnnt, Eric A, Alger, owed Plaintiff the duty to operate its semi tractor trailer with reasonable care. 15, At the times nnd place aforesaid, Defendant, Swift Transportation Co" Inc" breached the aforementioned duty via, negligently entrusting their vehicle to an employee or agent who they knew, or should have known, was negligent, reckless, nnd careless, 16, At all times pertincnt hcrclo, Dcfendanl, Swift Transportalion Co" [nc, was negligent by pennilling its employee/agcnt to operate its vchicle as follows: a) Failing to have its vchicle under eontrol; b) Being inattentive and failing to maintain a sharp lookout oflhe road and parking area the conditions of thc traffic surrounding, him, thc roadway and parking area; c) Failure to operate the brakes of vehicle in sueh a manner so vehicle eould stop bcforc colliding with the Plaintiffs vehicle; d) Failure to operate the steering mechanism properly; e) Driving the motor vehicle into the Plaintiffs vehicle which was parked in a legal and lawful manner; f) Permitting its vehicle to travel at an unsafe speed for the conditions then and there existing; g) In traveling at an unsafe speed in violation of the Pennsylvania Motor Vehicle Codes, 75 Pa, C.S,A, 3361; h) In failing to operate its vehicle under such control as to be able to stop within the assured clear distance ahead and without regard for the safety of other vehicles on said roadway and parking lot; i) In failing to have its vehicle under such control as to be able to stop within the assured clear distance ahead in violation ofthe Pennsylvania Motor Vehicle Code 75 Pa, C,S,A, 3361; j) In recklessly driving vehicle with careless disregard for the safety of persons or property; . " ' , CLAIM # fY002985COMJL70 1 CHRYSLER CORPORATION TRANSPORTATION CLAIM fiJr~.<G IA o.~m-JR\ \ \J J" \ I \\ :,r\ ;;\ ,; I !,\, JUL 251997 !!~ \" \~~: '>- ___ ____ _______.YE_HICLE!q,ENT~'2c:l\_TIO_~._____ 283HD46F4VH701445 AMOUNT OF CI,.AIM $2,961.28 DATE 07/22/97 (/1311' ~ .... Cl {f' (4 .,' C', .::': l1.J'-:' " ~)": , .. I: ~. ' .,- ,- ,-iSI ~ ~," ,') : ~:! Ul' . ! -' ,; C-L1 C~ " ,- F, CL ~-Il Lj J;. "'" 3.';J,.. <.) en :5 U\ u I ~ .. . 1,.,1 P- Or' J, " " 0 ;i :r ~ ]- to ,If ~ 1 ~ B .. ~ E ~ > M ~ -< ..:.. o · ~ e~ffi~ di!~ ~ ffi ~ :; ~~~%> "' M ~ Z ~ 0 ~ u - ~ - ~ ~ ~ :r; 0: .. ~ '" . ~ "'~ ,~ '" .,.~ .., " sJ .... Lf) .... tc, '" t;; 4... " ;--5<" >- C' - ~;~,~:~ \.1.'-.' ( )..... ,,- .__ t ' c_ o" l.:_" . (-j::"; '1) ~~l: -.~ 'll: '-' ',.r;'") '~/ r:.):.- I ~E(~ l!..I~) . -, . ~_lll ~- h.....:. ~ 'UCl.. ." :.;.:: ~) en '::J en <,) '. , . I .. ~ i'l ::! :I ~ " ~ ~ ~ ~ih it ~ ~ g :5 . g z ~ 0 ~ ~ :: 'IIi i!' 1> ~ . ~ " C>