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Home My WebLink About99-02354 >- .. E a; is C ~3. " lJ.J~-! '.J 0., :;z: , "". ~. ( ~ ". u.... "'" :~ (':j ~. . - .1,: co .:) ........: I 1..--: In. ':;.:: G:'~ CL ICU U.i :JU.. ~. (,/; ~~:i u. (=" U m (..) GARY M. HITE, Plaintiff, IN THE COURT OP COMMON PLEAS CUMBERLJ\ND COUNTY, PENNSYLVANIA vs. LYNN'S MARKET, INC., d/b/al ENOLA SUPER THRIFT, ENOLA SUPER THRIPT GROCERY MART, SUPER THRIPT, SUPER THRIFT GROCERY MART, a Pennsylvania corporation, Defendant. NO. 99-2354 JURY TRIAL DEMANDED CIVIL ACTION - LAW COMPLAINT AND NOW COMES, the Plaintiff, GARY M. HITE, by and through his attorneys, and complaining of the Defendant, LYNN'S MARKET, INC., d/b/a: ENOLA SUPER THRIFT, ENOLA SUPER THRIFT GROCERY MART, SUPER THRIFT and SUPER THRIFT GROCERY MART, states as follows: 1. Plaintiff, Gary M. Hite, is an adult individual, residing at 2887 Oakwood Drive, Harrisburg, Dauphin County, PA 17110. 2. Defendant, Lynn's Market, Inc., d/b/a: ENOLA SUPER THRIFT, ENOLA SUPER THRIFT GROCERY MART, SUPER THRIFT and SUPER THRIFT GROCERY MART, is a Pennsylvania corporation and operates a retail grocery store at 424 North Enola Drive, Enola, Cumberland County, PA 17025. 3. At all times relevant hereto, and in furtherance of Defendant's business, the store was owned, possessed, maintained, managed and/or controlled by the Defendant, acting through its servants, agents and/or employees in the course and scope of their employment or agency. 4. At all times relevant hereto, the Plaintiff, Gary M. Hite, was a business visitor of the Defendant and exercised due care and caution for his own safety and the safety of others, commensurate with his age, intellect, mental capacity and the physical circumstances existing at the time and place of his fall. 5. On or about April 21, 1997, the Plaintiff, intending to purchase a soft drink from a vending machine located at the rear of the Defendant's store, entered the Defendant's parking lot. 6. While walking across the parking lot towards the vending machine, the Plaintiff's foot struck a metal fastener/anchor protruding out of the parking lot macadam causing the Plaintiff to stumble and fall onto the macadam resulting in serious injuries. 7. The Plaintiff believes and, therefore alleges that the fastener/anchor was of the type commonly used to affix concrete parking blocks to parking lot macadam. 8. At all times relevant hereto, the Defendant acted through its servants, agents and/or employees in the course and scope of their employment and/or agency, and they knew or had reason to know of the dangerous condition posed by the protruding fastener/anchor in said parking lot. 9. Plaintiff's injuries were caused by one or more of the Defendant's negligent, careless and/or reckless acts or omissions: (a) Causing or permitting a metal fastener/anchor to protrude from the macadam in a place where it posed an unreasonable risk of injury to Plaintiff and other business visitors; 2 (b) Failing to make reasonable inspections of the parking lot which would have revealed the existence of the dangerous condition posed by the protruding fastener/anchor; (c) Failing to remove the fastener/anchor from the parking lot; (d) Failing to keep the parking lot free and clear of fasteners/anchors which could cause a business visitor to fall and injure themselves; (e) Failing to give warnings of the dangerous condition posed by the protruding fastener/anchor, erect barricades, or take other safety precautions to prevent injury to the Plaintiff and other business visitors; (f) Failing to have and/or to enforce policies and procedures for the inspection and maintenance of the store's parking lot; and (g) Placing its vending machines in an area which by the nature of such location posed an unreasonable risk of harm to the Plaintiff and other business visitors. 10. Solely as a direct and proximate result of the aforesaid negligent, careless and reckless acts or omissions of the Defendant, the Plaintiff suffered serious injuries including, but not limited to, injuries to his muscles, nerves, tendons, ligaments and torn meniscus, all of which injuries have caused the Plaintiff pain and suffering, may continue for an indefinite time in the 3 ,. "I - 1" ......~. 1_: " ,~,j , - (, , I (, . .' L. .,... ":,'J " Co, ',. " n , ! Co I : - '- " , it , ,.. It:j U n..i... CJ .f: to. '" .:l U V, (J f lEiU.$\OA TAnlflOONEGAl DO("II H.AS5 1'lllrnJ. Craud IMII:91ID &I" AM ItmMd lor:o.WITP"I,,,\4 )G~UJ GARY M. HlTE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 99-2354 CIVIL ACTION - LAW LYNN'S MARKET, INC., d/b/a ENOLA SUPER THRIFT, ENOLA SUPER THRIFT: GROCERY MART, SUPER THRIFT, SUPER THRIFT GROCERY MART, Defendants JURY TRIAL DEMANDED DEFF.NDANT'S ANSWER WITH NF.W MATTER TO PI.AINTlFF'S rOMPl,AINT TO: GARY M. HITE, Plaintiff, and his attorney, PAUL TANEFF, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-7. Denied in accordance with Rule I029(e) of the Pennsylvania Rules of Civil Procedure. 8-12. It is denied that Defendant knew or had reason to know of the alleged dangerous condition or was negligent, careless and/or reckless in any manner whatsoever. Proof thereof is demanded. With regard to Plaintiffs alleged damages, proof thereof is demanded. WHEREFORE, Defendant demands judgment in its favor against Plaintiff. NEW MATTF.R 13. Paragraphs I through 12 of Defendant's Answer are incorporated herein by reference as new matter. 14. Plaintiff is barred from recovery on the basis of his comparative negligence in that he was not walking in a careful and prudent manner as he was approaching the vending machine. 15. Plaintiff is barred from recovery because of his assumption ofa known risk in that he should have known or did know about the condition of the parking lot. 16, The alleged condition of the parking lot was not there long enough to give notice to Defendant. ~ N ~ C ,... ., :;:J~ tJJQ - 8~ ~?t~ ::c '<>., 1.0--1" c.. Cl~ '~r..;: 'i9 <=> 3'" L,.;,JL: N z: du., t- F6m u,...- u tOn. l= 0 ~ ~ 0' ::l 0' 0 -" -. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiff's Praecipe was sent via first class, u.s. Mail, postage prepaid, on the date set forth herein to the following person (s) at the address (es) set forth below their respective names: (1) Daniel K. Deardorff, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 RICCI & TANEFF Dated: October 22, 1999 By: Taneff, Esq Ct. No. 63777 4219 Derry Street Harrisburg, PA 17111 (717) 564 -5833 Attorneys for Plaintiff Ref:h:\x\c\hite\gary\CS1_WPd ~ tn ~ Lr: is N 8~ 0 ~z x: .. "" -0 ~ ~i!: "- 95! f ,n "S if) ... -7 C0- N :-rZ u::U! ..... ;!JlU fh U :::30.. .. C :c=: ~ 0"1 ::J (1' U , GARY M. HITE, Plaintiff, IN THE COURt OF COMMON PLEAS CUMBERLAND COllNTY, PENNSYLVANIA vs. . LYNN'S MARKET, INC., d/b/al ENOLA SUPER THRIPT, ENOLA SUPER THRIPT GROCERY MART, SUPER THRIFT, SUPER THRIFT GROCERY MART, a Pennsylvania corporation, Defendant. NO. 99-2354 JURY 'l'RIAL DEMANDED CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER NOW COMES, the Plaintiff, GARY M. HITE, by and through his attorneys, Ricci & Taneff, and files his reply to New Matter contained and alleged in Defendant's Answer With New Matter To Plaintiff's Complaint. In support of his Reply, the Plaintiff states as follows: 13. DENIED. The allegations set forth in this paragraph of the Answer is an incorporation by reference of Defendant's Answers to Paragraphs 8 through 12 of the Plaintiff's Complaint and, therefore requires no responsive pleading. To the extent that a response may be required, the Plaintiff denies the same. 14. DENIED. 15. DENIED. 16. DENIED. WHEREFORE, this paragraph is in the form of a prayer for relief to which a responsive pleading is not required. To the extent that a response may be required, the Defendants deny that the Plaintiff is entitled to any of the relief claimed. CERTIPIcATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiff's Reply To New Matter was sent via first class, U.S. Mail, postage prepaid, on the date set forth herein to the following person(s) at the address(es) set forth below their respective names: (1) Daniel K. Deardorff, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 RICCI & TANEFF Dated: October 28, 1999 ByG~0JO.. L;} - Paul Taneff; E'~qt' Sup. Ct. No. 63777 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorneys for Plaintiff Ref:h:\x\c\hite\gary\cSl-wpd i " ~ a' r- c 'i5 ~..-; ,;. - " uJ-o - g'" :.r: ~.~ ....-f.. .~:: " C"CI ',. DiS: . 'J. u-J....- ;J:':;. _JL,. -. ~./\~ u: 0' c.:" r-: :;;:: ..:~ ,.1- a> :..) 0 ('f' ()