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Home My WebLink About03-4054SHARON KNAPP, : : Plaintiff : WAL-MART STORES, INC., : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the foil,owing pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgement 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. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a pot abogado y archivar en la corte en forma escrita sns defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y pot cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sns propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 HANDIng, HENI~ING & ROSENBERG, LLP ~. I9. Ncr 72663tI 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Attorneys for Plaintiff(s) Jfl/complaintJpremises/Knapp SHARON KNAPP, : Plaintiff, : V. : : WAL-MART STORES, INC., : De~ndant : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .o. CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Sharon Knapp, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by Stephen G. Held, Esquire, and brings forth this Complaint against Defendant, Wal-Mart Stores, Inc., and avers as follows: 1. Plaintiff, Sharon Knapp, is an adult individual currently residing at 29 Pheasant Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Wal-Mart Stores, Inc., is a corporation with offices located at Dept. 8013 0555, 702 Southwest 8th Street, Bentonville, Arkansas, 72716. 3. At all times material hereto, Wal-Mart Stores, Inc., was in ownership, possession, management and control of the premises located at and known as 6520 Carlisle Pike, Mechanicsburg, Cumberland County, PA 17055. (Hereinafter Premises). 4. At all times material hereto, Plaintiff, Sharon Knapp, was a business invitee upon said Premises. 5. At all times material hereto, Defendant, who had exclusive control of said Premises, had allowed a portion of the wire fencing of a seven-foot stuffed animal cage to remain protruded. 6. At all times material hereto, there were no warning signs posted on the Premises warning of the protrusion of the wire fencing. 7. On or about January 29, 2001, Plaintiff, Sharon Knapp, was on the Premises shopping. After waiting quite some time for assistance from a store-clerk, Ms. Knapp jumped up to retrieve a stuffed animal from a bin and caught her class ring in the protruding wire fencing, causing personal injuries upon the Plaintiff as detailed more specifically hereinafter. 8. At all times material to hereto, Plaintiff, Sharon Knapp, believes and therefore avers, that Defendant, Wal-Mart Stores, Inc., was in possession, management and control of the Premises and was responsible for maintaining the safe condition of the property known as 6520 Carlisle Pike, Mechanicsburg, Cumberland County, PA 17055. 9. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Sharon Knapp, were caused directly and proximately by the negligence of Defendant, Wal-Mart Stores, Inc., bytheir agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: 2 (a) (b) (c) (d) (e) (f) In causing or permitting the wire cage to remain inadequately maintained at the Premises, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; In causing or permitting to be present the wire cage to remain unsafe, when Defendant knew or should have known of the likelihood of one's encounter with the protrusion; In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the dangerous wire protrusion, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; In failing to ensure the cage at said Premises was maintained in a safe condition to prevent injury to the Plaintiff and other persons lawfully upon the Premises; In failing to have cage in condition as mandated by Federal, State and Local Building Codes and standards. In failing to post a warning sign or device in the area to notify of the dangerous condition of the wire protrusion jutting out of the seven-foot stuffed animal cage on said Premises; 3 (g) In failing to remove or remedy the wire protrusion on the cage at said Premises so as to avoid the situation in which the Plaintiff lacerated her finger; and (h) In failing to maintain the cage in a reasonably safe condition that would prevent Claimant from lacerating her finger on the protrusion. 10. Defendant, Wal-Mart Stores, Inc., had actual knowledge or should have known through the exercise of ordinary care and diligence that there was a protrusion jutting out of the cage where Plaintiff, Sharon Knapp, lacerated her finger. 11. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc., Plaintiff, Sharon Knapp, sustained serious injuries including, but not limited to, a lacerated right ring finger requiring 17 stitches and an enlarged knuckle. 12. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc., Plaintiff, Sharon Knapp, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 13. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc., Plaintiff, Sharon Knapp, has been, and will in the future be, hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 14. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc., Plaintiff, Sharon Knapp, has, and will in the future, suffer a loss of life's pleasures. 4 15. As a result of the negligence of Defendant, Wal-Mart Stores, Inc., Plaintiff, Sharon Knapp, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc., Plaintiff, Sharon Knapp, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Sharon Knapp, seeks damages from Defendant, Wal-Mart Stores, Inc., in an amount in excess of compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDLER, HENNING & ROSENBERG LLP I.D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 5 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. 'i'he language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Sharon Knapp SHARON KNAPP, Plaintiff VS. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUIvIBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED 03-4054 Civil Term NOTICE TO: SHARON KNAPP YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ATTORNEY FOR DEFE~ TIMOTHY E. FOLE~Y,~ Q. WAL-MART STORES, INC. SHARON KNAPP, Plaintiff VS. WAL-MART STORES, 1NC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CWIL ACTION - LAW JURY TRJAL DEMANDED 03-4054 Civil Term DEFENDANT'S ANSWER AND NEW MATTER Defendant, WAL-MART STORES, INC., through its attomeys, FOLEY, COGNETTI, COMERFORD & CIMINI, answers Plaintiff's Complaint as follows: I. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 1 of Plaintiff's Complaint and the same are therefore denied and proof is demanded at the trial. 2. Admitted. 3. Admitted. 4. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the ~XUth of the allegations contained in paragraph 4 of Plaintiff's Complaint and the same are therefore denied and proof is demanded at the trial. 5-7 inclusive. The allegations contained in paragraphs 5-7 inclusive of Plaintiff's Complaint are deemed to be denied without the necessity of responsive pleading pursuant to 1029(e) of the Pennsylvania Rules of Civil Procedure. 8. Admitted. 9-16 inclusive. The allegations contained in paragraphs 9-16 inclusive of Plaintiff's Complaint are deemed to be denied without the necessity of responsive pleading pursuant to 1029(e) of the Pennsylvania Rules of Civii[ Procedure. NEW MATTER By way of further answer to Plaintiff's Complaint, Defendant sets forth the following New Matter: 1. Plaintiff may be barred fi'om recovery due to her contributory negligence. 2. Plaintiff may be barred fi.om recovery due to the provisions of Pennsylvania's Comparative Negligence Act. 3. Plaintiff may be barred fi.om recovery due to her voluntary assumption of a known risk. 4. Plaintiff's Complaint may be barred by the expiration of the applicable statute of limitations. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and judgment entered in its favor. FOLEY, COGNETTI, COMER.FORD & CIMINI 507 Linden St., Suite 700 Scranton, PA 18503 (570) 346-0745 COMMONWEALTH OF PENNSYLVANIA COUNTY OF LACKAWANNA SS. AFFIDAVIT I, TIMOTHY E. FOLEY, ESQUIRE, being duly sworn according to law, depose and say that I am the attorney for defendant, WAL-MART STORES, INC., in the within action, and that the facts set forth in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my knowledge, information and belief. TIMOTHY E. FOI~, E~QUI~ SWORN TO AND SUBSCRIBED BEFORE ME THIS/0 DAY I~OTARY PUBLIC / /// Knapp v. Wal-Mart File No.: 15455 NOTARIAL SEAL Diane Sek~.~t~ Nota~ Public City of Scra~to~ ~ ,.~,~ ~f Lackawanna SHARON KNAPP, Plaintiff VS. WAL-MART STORES, INC., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED 03-4054 Civil Term ENTRY OF APPEARANCE TO: PROTHONOTARY SIR: Please enter the appearance of the tmdersigned on behalf of Defendant, WAL-MART STORES, INC., in the above-captioned action. Suite 700 Scranton Electric Building 507 Linden Street Scranton, PA 18503 (570) 346-0745 FOLEY, COGNETTI, COMERFORD & CIMINI BY: ~'~/.4~.~ ~. .~ TIMOTHY E. FOLEY', Q~J~ SHARON KNAPP Plaintiff WAL-MART STORES, INC. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4054 Civil Term CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 1. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is specifically denied. By way of amplification, plaintiffwas not negligent in any way. All ofpla][ntiff's injuries and damages were caused solely and directly as the result of the negligence, carelessness, wantoness and recklessness of the instant defendant and/or its employees. 2. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is specifically denied. By way of amplification, plaintiff was not negligent in any way. Therefore, the Pennsylvania comparative negligence Act, 42 Pa. C.S.A. §7102, et seq., does not apply to the instant action. Further, all of plaintiff's injuries and damages are recoverable in the instant action. 3. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is specifically denied. By way of amplification, plaintiff did not assume the risk of her injuries. Further, as previously stated herein, plaintiff was not negligent or careless. All of plaintiff's injuries and damages are recoverable in this instant action. 4. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is specifically denied. By way of amplification, plaintiff is not barred by the applicable statute of limitations as it was filed on August 18, 2003. Plaintiff's accident occurred on December 17, 2003. In fact, the statute of limitations has not run in this matter. WHEREFORE, plaintiff respectfully requests that defendant's Answer be dismissed and judgement entered in her favor. Date: October Lfl 2003 Respectfully submi[tted, HANDLER, HENNING & ROSENBERG, LLP By S(e]ph~. Held, Esquire I. D. No. 75!663 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 VERIFICATION STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unswom falsification to authorities. Date: Ste~l~en G.-~Ield, Esquire SHARON KNAPP Plaintiff WAL-MART STORES, INC. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4054 Civil Term : CIVIL ACTION - LAW : CERTIFICATE OF SERVICE On this (/~ th day of October, 2003, I hereby certify that a true and correct copy of the foregoing Plaintiff's Reply to New Matter of Defendant was served upon the following by United States Mail, postage prepaid, addressed as follows: Timothy E. Foley, Esquire FOLEY, COGNETTI, COMERFORD & CIMINI 700 Scranton Electric Building Scranton PA 18503-1666 HANDLER HENNING & ROSENBERG, LLP Stephen G. Held SHARON KNAPP Plaintiff WAL-MART STORES, INC. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4054 Civil Term : : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE: This is to certify that on the 20tn day of August, 2003, a true and correct copy of the Complaint filed to No. 03-4054 Civil Term was mailed to Wal-Mart Stores, Inc. at their place of business located at 701 Southwest 8th Street, Dept. 80130555, Bentonville, Arkansas via certified mail, return receipt: requested. A copy of the Receipt for Certified Mail, No. 7002 3150 0001 7571 6098 is attached hereto. /~!~d Es ulre C~ou~s~ ~rH~alnti~f' This is to certify that on the 25tn day of August, 2003, a true and correct copy of the above-noted Complaint was served upon Defendant via certified mail, return receipt requested, as evidenced by the signed Certified Mail Receipt No. 7002 3150 0001 7571 6098 attached hereto. Ste~'~/. Held, Esquire Counsel for Plaintiff Sworn and subscribed to before me this ~ day of ~QUA~w]- , 2003 . Notary Public N:OTA R/A L. SEAL ROS,A, NNA T. BRC CK Not, ar,/Publ~ Ha,risburg DaUD~,::,-, -- 'C .., _. , ~,u, :~:p~res Oct, 9. ~6 OFFIC~AL USE Timothy E. Foley Attorney ID # 19105 FOLEY, COGNETTI, COMERFORD, ClMINI & CUMMINS 507 Linden Street 700 Scranton Electric Building Scranton, PA 18503 570-346-O745 SHARON KNAPP, : Plaintiff : .. VS. WAL-MART STORES, INC., : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL. ACTION - LAW JURY TRIAL DEMANDED 03-4054 Civil Term PRAECIPE FOR DISCONTINUANCE TO: WILLIAM P. RINALDI CLERK OF JUDICIAL RECORDS Please mark the above entitled action settled, ended and discontinued with prejudice. ~lfl'~D, ESQUIRE ORDER This action is discontinued as stated above. DATED: CLERK OF JUDICIAL RECORDS