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HomeMy WebLinkAbout03-3469PATRICIA CAMPBELL, and COLE W. CAMPBELL, Defendants ERIK HALL, and DOUGLAS M. HALL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O7- 3f ? CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 a judgment 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 LAWYER 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. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 PATRICIA CAMPBELL, and COLE W. CAMPBELL, Defendants ERIK HALL, and DOUGLAS M. HALL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O-.~" ~q/~q CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this ~',~-~f~ay of July, 2003, come Plaintiffs, Patricia Campbell and Cole W. Campbell, by and through their attorney, Joanne Harrison Clough, Esquire, of Reager and Adler, P.C., and respectfully aver as follows: 1. Plaintiff Patricia Campbell is an adult individual who currently resides at 208 Herman Avenue, Lemoyne, PA 17043. 2. Plaintiff Cole W. Campbell is an adult individual, and husband of Plaintiff Patricia Campbell, who currently resides at 208 Herman Avenue, Lemoyne, PA 17043. 3. Defendant Erik Hall is an adult individual whose last known residence was 152 15th Street, New Cumberland, PA 17070. 4. Defendant Douglas M. Hall is an adult individual, and the father of Defendant Erik Hall, and the owner of the vehicle driven by Defendant Erik Hall on July 28, 2001, whose last known address was 152 15th Street, New Cumberland, PA 17070. 5. 6. was operating her 1999 Mercury Cougar in a southerly direction on Brandt Street in New Cumberland, Cumberland County, Pennsylvania. The incidents herein related took place on or after July 28, 2001. On or about July 28, 2001, at approximately 7:41 p.m., Plaintiff Patricia Campbell 7. At said place and time, Defendant Erik Hall was driving an S-10 pickup truck and traveling east on Seventh Street. At said place and time, Defendant Hall stopped at the stop sign at the intersection of Seventh and Brandt Streets and then proceeded through the stop sign, pulling out directly into the oncoming path of Plaintiff Patricia Campbell's vehicle. 9. As PlaintiffPatricia Campbell observed Defendant Hall pulling out from the stop sign directly into the path of her vehicle, she hit her brakes and swerved to the left in an attempt to avoid a collision. 10. Defendant Erik Hall smashed violently into the front passenger side of Plaintiff Patricia Campbell's vehicle with such impact that the vehicles were stuck together. 11. At said time and place, and at all times related herein, Plaintiff Patricia Campbell was lawfully operating her automobile and was in control of her automobile in the southbound traffic on Brandt Street in New Cumberland and was using due care and caution in the operation and driving of said vehicle and was obeying all of the traffic laws and statutes of the Commonwealth of Pennsylvania. 12. At said time and place, the intersection of Seventh and Brandt Streets, there were stop signs requiring the traffic on Seventh Street to stop for oncoming traffic on Brandt Street. 13. Defendant Erik Hall suddenly, and without warning, pulled from the stop sign on Seventh Street onto Brandt Street, directly into the path of Plaintiff's oncoming vehicle, crashing into the front passenger side of her vehicle. 2 14, At said place and time, Plaintiff Patricia Campbell did not have sufficient warning of the impending impact and did not have any opportunity to avoid being struck by Defendant's vehicle, other than to brake and swerve in an attempt to avoid the impact. 15. At said time and place, Defendant Erik Hall carelessly, and without any warning, drove his vehicle through the stop sign directly into the oncoming path of Plaintiff's vehicle. 16. Immediately prior to the time of impact, Plaintiff Patricia Campbell was obeying all posted speed limits and, otherwise, exemising due care and caution in the operation of her vehicle. 17. Upon impact, Plaintiff Patricia Campbell was thrown and jostled about, sustaining physical injuries. She needed assistance to exit her vehicle at the accident scene. Plaintiff Patricia Campbell was in shock immediately after impact and was stiff 18. and sore. 19. 20. Immediately after impact, Plaintiff experienced pain in neck, back and knee. The New Cumberland Police Department responded to the scene of the accident and cited Defendant Erik Hall for failing to obey Pennsylvania Motor Vehicle Code and the laws of the Commonwealth of Pennsylvania for failing to yield to oncoming traffic. 21. After Plaintiff Patricia Campbell arrived at home, she started to suffer increased burning and pain sensations in her neck and back area. 22. Plaintiff first sought medical treatment for the injuries she received in this accident the following day, July 29, 2001, at Harrisburg Hospital Emergency Room. 23. Plaintiff Patricia Campbell commenced treatment with Brian T. Carver, D.C. on July 30, 2001 and continued thereafter for the in.juries she received in this accident. 24. The violent collision that occurred at said time and place when the Defendant's vehicle struck the Plaintiff's vehicle was due solely to the negligence, carelessness, recklessness, and willful and wanton misconduct of the Defendant Erik Hail. 25. Plaintiff Patricia Campbell also experienced headaches and muscle spasms and back pain and pain in her low back, right hip, right knee, and right leg, in addition to the neck pain, post-accident which injuries were directly caused by this rear-end collision on July 28, 2001. 26. As a direct and proximate result of said collision, Plaintiff Patricia Campbell was jostled and thrown about inside her vehicle whereby she sustained serious physical injuries, some permanent in nature, including, but not limited, to: f. g. h. i. j. k. 1. Cervical strain; Thoracic strain and/or sore ribs; Lumbar strain; Cervicobrachial syndrome; Cervical neuralgia; Nevritis; Rudiculitis Thoracic; Knee sprain; Hip pain; Pain and suffering; Humiliation and embarrassment Loss of life's pleasures m. Various other ills and injuries. 27. As a result of the aforesaid injuries, PlaintiffPatricia Campbell has undergone, and in future may undergo, mental and physical pain and suffering and has been, is currently, and in the future will he, hindered in the pursuit of her daily activities and claim is made therefore. 28. As a direct result of the injuries suffered in this accident, Plaintiff Patricia Campbell suffered numerous injuries immediately following the accident, seriously impacting upon her ability to conduct her daily activities and enjoy life's pleasures and claim is made therefore. 29. PlaintiffPatricia Campbell continues to suffer from injuries in this accident. Her intermittent symptoms persist and, at times, she is unable to perform her daily functions and activities as a result of the injuries she suffered from this accident. 30. Plaintiff continues monthly chiropractic treatment for her injuries at the present time. 31. As a direct result of the injuries suffered in this accident, Plaintiff Patricia Campbell may not be able to perform numerous daily activities intermittently in the future and claim is made therefore. 32. The collision and all the injuries and damages herein related are the direct and/or approximate result of the careless, wanton and reckless manner in which the Defendant Erik Hall operated his motor vehicle, as follows: a. Failing to stop at a stop sign; b. Failing to yield to oncoming traffic; c. Pulling into the intersection without viewing oncoming traffic; 5 d. Failing to use due care and caution and acting without due regard for the position of the PlaintiffPatricia Campbell's vehicle; e. Failing to keep alert and maintain a proper lookout; f. Failing to have his vehicle under such control as to be able to avoid striking the side of the PlaintiWs vehicle; g. Failing to operate his vehicle in a reasonable manner and with due care and caution in accordance with road and weather conditions at time of the accident; and h. Otherwise operating his vehicle in a manner endangering persons and property and with careless disregard for the rights or safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, which conduct constitutes negligence per se, negligence, gross negligence and/or willful or wanton misconduct. COUNT I PLAINTIFF COLE W. CAMPBELL V, DEFF~NDANT DOUGLAS M. HALL 33. Paragraphs one (1) through thirty-one (31) are incorporated by reference as if set forth fully herein below. 34. The accident of July 28, 2001 was a direct and proximate result of the carelessness, recklessness and negligence of the Defendant Erik Hall in the manner in which he failed to exercise due care and control over the automobile he was operating as set forth fully herein above. 35. The negligence of the Defendant Erik Hall, individually, was a direct and proximate result of the injuries suffered by PlaintiffPatricia Campbell. 36. The accident of July 28,2001 and the resulting injuries suffered by Plaintiff Patricia Campbell would not have occurred but for the negligence of the Defendant Erik Hall. The negligence of the Defendant Erik Hall was a substantial factor in causing the injuries suffered by Plaintiff. WHEREFORE, Plaintiffs demand judgment against Defendant Erik Hall individually in an amount not in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), exclusive of interest and costs of this action rendering this action appropriate for compulsory arbitration. COUNT II PLAINTIFFS PATRICIA CAMPBELL and COLE W. CAMPBELL V, DEFENDANT DOUGLAS M. HALL 37. Paragraphs one (1) through thirty-five (35) are incorporated by reference as if set forth fully herein below. 38. At all times relevant herein, Defendant, Douglas M. Hall, was the owner of an S~ 10 pickup truck operated by Erik Hall on July 28,2001. 39. Defendant Douglas M. Hall negligently entrusted the use of said vehicle to Defendant Erik Hall when he knew or should have known of the careless, wanton and reckless way in which Defendant Erik Hall would operate said vehicle. 40. Defendant Douglas M. Hall is responsible for any injuries and damages caused by the negligence, carelessness, recklessness and/or willful or wanton behavior of Defendant Erik Hall for negligently entrusting the use of said vehicle to Defendant Erik Hall. 41. Defendant Douglas M. Hall is responsible for all damages Plaintiffs suffered as a direct and proximate result of this accident. 42. The accident on July 28, 2001 was the direct and proximate result of the carelessness, recklessness and negligence of Defendant Douglas M. Hall in permitting Defendant Erik Hall to operate said vehicle. 43. The negligence of the Defendant Douglas M. Hall was the direct and proximate result of the injuries suffered by Plaintiff. 44. The accident on July 28, 2001 and the injuries Plaintiff Patricia Campbell suffered as a result thereof; would not have occurred but for the above-stated negligence of Defendant Douglas M. Hall. 45. The negligence of Defendant Douglas M. Hall was a substantial factor in causing the injuries to the Plaintiff, Patricia Campbell. WHEREFORE, Plaintiffs Patricia Campbell and Cole W. Campbell demand judgment in their favor and against Defendant Douglas M. Hall in an amount not in excess of THIRTY-FIVE THOUSAND DOLLARS $35,000.00), exclusive of costs and interest and any other jurisdictional amount requiring compulsory arbitration. COUNT III LOSS OF CONSORTIUM PLAINTIFF COLE W. CAMPBELL V. DEFENDANTS ERIK HALL and DOUGLAS M. }IALL 46. As a result of the negligence of the Defendant and the injuries suffered by Plaintiff Patricia Campbell, since July 28, 2001, PlaintiffCole W. Campbell has suffered and continues to suffer from the loss of his wife's companionship and consortium and claim is made therefore. 47. The loss of consortium injuries suffered by Plaintiff Cole W. Campbell are the direct and proximate result of the negligence of the Defendants and claim is made therefore. WHEREFORE, Plaintiff Cole W. Campbell demands judgment in his favor and against Defendants in an amount not in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), exclusive of costs and interest and any other jurisdictional amount requiring compulsory arbitration. Respectfully submitted, REAGER & ADLER, P.C.// // ~31 ~MNar°~:e~as4~elet I ' © RE Camp Hill, PA 17011 (717) 763~1383 Attorneys for Plaintiffs VERIFICATION I, PATRICIA CAMPBELL, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. VERIFICATION I, COLE W. CAMPBELL, hereby verify that the statements made in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. COLE W. CAMPBELL CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Erik Hall 152 150' Street New Cumberland, PA 17070 Douglas M. Hall 152 15'~ Street New Cumberland, PA 17070 JOA GH, ESQUIRE