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Home My WebLink About07-4858i ~ DONNA CHAPPELEAR IN THE COURT OF COMMON PLEAS OF and her husband, EVERETT E. CHAPPELEAR, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . v. 2007- ~~~ CIVIL TERM WAL-MART STORES, INC., CIVIL ACTION -LAW Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 DONNA CHAPPELEAR IN THE COURT OF COMMON PLEAS OF and her husband, EVERETT E. CHAPPELEAR, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. 2007- y~,S~ CIVIL TERM WAL-MART STORES, INC., CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, this ~~day of August 2007 comes the plaintiffs DONNA CHAPPELEAR and EVERETT E. CHAPPELEAR, her husband, by and through their attorneys, Irwin & McKnight, and makes the following Complaint against the defendant, WAL- MART STORES, INC., as follows: 1. The plaintiffs are Donna Chappelear and Everett E. Chappelear, adult individuals residing at 106 West Springville Road, Boiling Springs, Pennsylvania, 17007. 2. The defendant, Wal-Mart Stores, Inc., is a corporation conducting business with the Commonwealth of Pennsylvania and the County of Cumberland with a mailing address of 60 Noble Boulevard, Cumberland County, Carlisle, Pennsylvania 17013. 3. On August 6, 2005, the Plaintiffs, Donna Chappelear and Everett E. Chappelear, went to the business location of the Wal-Mart Store as a business invitee at the location of the business being 60 Noble Boulevard, Carlisle, Pennsylvania. 3 4. The area in which the Plaintiffs were walking and shopping was under the supervision and control of employees and agents of Wal-Mart Stores, Inc. 5. In the course of visiting the Wal-Mart Store in Carlisle, Pennsylvania, at approximately 4:30 p.m. the Plaintiff, Donna Chappelear, slipped and fell on clear liquid substance which was on the floor the Wal-Mart Store near the dairy department. The clear liquid substance was over an extensive area. 6. In the process of the fall, the legs of the Plaintiff, Donna Chappelear, were split apart. She then rolled onto her left shoulder. 7. At the time of the fall, the Plaintiff, Donna Chappelear, was using due care and was watching where she was walking. 8. The plaintiff, Donna Chappelear, was taken by ambulance to the emergency room of the Carlisle Regional Medical Center, Carlisle, Pennsylvania 170131ater that afternoon. 9. As a result of the fall at the Wal-Mart Store, the plaintiff sustained injuries to her neck, back, pelvic area, knees and legs. 4 10. The Plaintiff, Donna Chappelear, also sustained injuries causing significant pain and. suffering and seeks damages for past, present and future pain and suffering as well as damages for any permanent injuries. 11. The Plaintiff also seeks payment of her medical expenses which they incurred and may incur in the future to treat the Plaintiff s as well as her future medical expenses for medical treatment, surgery and therapy. 12. The Plaintiff s injuries were a result of the negligence of the employees and agents of Wal-Mart Stores, Inc. 13. The Defendant, Wal-Mart Stores, Inc., was responsible for providing a safe environment in the store. 14. The Defendant was negligent in that it failed to do the following: a. To provide adequate warning to customers of a hazardous area in the store; b. To provide customers with a safe area to walk; c. To provide adequate maintenance checks to prevent hazardous and dangerous conditions to exist in the store; d. To provide adequate maintenance to clean up unsafe area; e. In the course of maintaining the area or stocking the shelves, the employees or agents of the Defendant negligently permitted the clear liquid to accumulate on the floor. 5 15. The negligence of the Defendant, Wal-Mart Stores, Inc., is the proximate cause of the injuries sustained by the Plaintiff. 16. The Defendant has breached its duty to provide a safe environment for the Plaintiff which resulted in the injuries sustained by the Plaintiff. 17. The Plaintiffs, Donna Chappelear and Everett E. Chappelear, her husband, seek compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as the compensation for future losses they will incur in these areas. 18. The Plaintiff, Everett E .Chappelear, seeks damages for the loss of society he has sustained due to the inability of his wife to engage in pre-injury activities she enjoyed with her husband. The Plaintiff, Everett E. Chappelear, also seeks damages for the time he has spent as the primary caregiver in order to assist his wife with her painful injuries and disabilities. 6 THEREFORE, the Plaintiff, Donna Chappelear, seeks damages against the Defendant, in an amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars together with the costs of this action and interest as permitted by law. Respectfully submitted, IRWIN & M~KNIG By: Marcus 60 West vania 17013 249-2353 me Court I.D_Z for plaintiffs Date: August 15, 2007 7 VERIFICATION T'he foregoing document is based upon information which has been gathered by counsel and us in the prepazation of this action. We have read the statements made in this document and they aze true and correct to the best of our knowledge, information and belief. We understand that false statements herein made aze subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DONNA C LEAR vv~C ~.,, EVERETT E. CHAPPELEAR Date: August 15, 2007 7 DONNA CHAPPELEAR and her husband, EVERETT E. CHAPPELEAR, Plaintiffs v. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007- CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Gary N. Stewart, Esq. Michael T. Trailer, Esq. Rawle & Henderson, LLP 240 North Third Street, 9~` Floor Harrisburg, PA 17101 IRWIN & By: rcus A McKnight, III, Esquire 6 Wes omfret Street Car isle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 15, 2007 9 r? -~a "' f t-' `_~ -v "i'7 ` ` ~1 ~,~ -y~-.r `l7 ~`^ ~ ~ O~ =Ti ~ p~ ~ j ~-; Q ~J (? ~- \ Ct} ~% n