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HomeMy WebLinkAbout07-3433Jun 11 2007 5:33PM BERGER LRW FIRM PC 7179208901 p.2 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNNY RAY THOMPSON, Plaintiff, v. SHIPMAN'S FIRE EQUIPMENT, INC. AND DAVID R. DOW, Defendants CIVIL DIVISION No. p~ . ~~33 {. -'Yr~ /Crrr~ JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. ff you wish to defend against the claims set forth in the following pages, you must #ake action within twenty {20) days after this Complaint and Notice are served, by entering a written appearance pen3onaltyr 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 wi~out 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 proper#y or other rights irnportan# to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone Number249-3786 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNNY RAY THOMPSON, Plaintiff, v. SHIPMAN'S FIRE EQUIPMENT, INC. AND DAVID R. DOW, Defendants CIVIL DIVISION No. p ~ .3~C3 3 ~l~ ~ C ~-~'1 7 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Johnny Ray Thompson, is an individual residing at 1.5417 Chicot Road, Mabelvale, AR 72103. 2. Defendant, Shipman's Fire Equipment, Inc. is a Connecticut Corporation with an address of 172 Cross Road, P.O. Box 257, Waterford, CT 06385. 3. Defendant David R. Dow is an individual residing at 170 Bloomingdale Road, Quaker Hill, CT 06375. At all times relevant to this Complaint, Defendant Dow was the agent, ostensible agent, servant and/or employee of Defendant Shipman's Fire Equipment, Inc. and was acting within the course and scope of his employment for Defendant Shipman's Fire Equipment, Inc.. 4. On or about June 17, 2005, Plaintiff was operating a 1998 Freightliner Century Class tractor-trailer on Interstate 81 in the northbound direction when his vehicle was struck in the rear by the vehicle operated by Defendant Dow, a 2005 Inferno Fire Truck. 5. The accident was directly and proximately caused by the negligence and carelessness of Defendant Dow and/or Defendant's agents, servants, and/or employees, which consisted, among other things, of the following: (a) exceeding the rate of speed permitted by law; (b) operating the motor vehicle in a careless, reckless, and negligent manner; (c) operating the motor vehicle without due regard to the rights, safety, and position of the plaintiff; (d) failing to have the motor vehicle under the proper control so as to be able to slow the vehicle without causing injury to plaintiff; (e) failing to keep a proper lookout; (f) failing to use due care under the circumstances; (f) failing to notice the motor vehicles and #raffic ahead of defendant's vehicle so as to slow in a timely and careful fashion; (g) failing to apply the brakes in sufficient time to avoid striking Plaintiff's vehicle; -2- (i) operating the motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code, 75 Pa. Cons. Stat. Ann. §§ 3310, 3361 and 3362. 6. At all times material hereto, Plainfiff acted with due care and was not ~. Mw~. contributorily negligent. 7. As a result of Defendants' negligence, Plaintiff, Johnny Ray Thompson, sustained the following injuries, some or all of which may be permanent: a. Herniated/protruding disc of the lumbar spine at L4-L5 with associated pain and stiffness and radiation into the legs (sciatic neuritis); b. Hemiated/protruding disc of the cervical spine at C5-C6 with associated pain and stiffness and radiation into the arms (brachial neuritis); c. Injury to the soft tissue of the medial knee, including enchondroma and two small degenerative subchondral cysts; d. chronic headaches; e. paravertebral muscle spasm; f. strain and sprain to the muscles and soft tissues of the upper, middle and lower back; g. limitation of movement. 8. As a result of Defendants' negligence, Plaintiff has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to his great detriment and loss. The chronic nature of his pain has required Plaintiff to seek medical treatment and utilize -3- medication on an ongoing basis to ameliorate his symptoms and has resulted in sign cant limitations to Plaintiff's activities and his sense of well-being and enjoyment of life. 9. As a result of Defendants' negligence, Plainfiff has sustained serious and permanent injury, for the treatment of which he has incurred medical bills and expenses and may require surgery. 10. As a result of Defendants' negligence, Plaintiff has suffered a loss of earnings and earning capacity. 11. As a result of Defendants' negligence, Plaintiff has suffered an interruption of his daily habits and pursuits to his great and permanent detriment and loss. 12. As a result of Defendants' negligence, Plaintiff has suffered embarrassment and humiliation. WHEREFORE, Plaintiff, Johnny Ray Thompson, demands judgment against Defendants jointly and severally in an amount in excess of $35,000, exclusive of interest and costs, and demands a jury trial. Edmund J. Berger ~ ~__../ Attomey I.D. #5340 Attomey for Plaintiff 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-Mail: tbergerCcDbergerlawfirm.net -4- VERIFICATION I, Johnny Ray Thompson, affirm that I am the Plaintiff in this action and that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa Cons. Stat. Ann. ~ 4904 relating to unsworn falsification to authorities. Date: Mayes, 2007 Jon hompson ~V b d b ~ ~ T ~~ r_- c 'L ~ r ~- ~. -~ -v R--, c~ C_ '1'1 _~ ~.. .1 2 ~ ,,.~ ,, a ,_, -~: ,~-~