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HomeMy WebLinkAbout07-6090JOHN S. LIPNICKY and : IN THE COURT OF COMMON PLEAS OF HOLLY A. HANEVICH-LIPNICKY, : CUMBERLAND COUNTY, PENNSYLVANIA HUSBAND and WIFE Plaintiffs V. THE HOME DEPOT, Defendant NO. 07- 6 b q 0 CIVIL TERM NOTICE 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 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 of 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 Bedford Street Carlisle, PA 17013 (717) 249-3166 JOHN S. LIPNICKY and : IN THE COURT OF COMMON PLEAS OF HOLLY A. HANEVICH-LIPNICKY, : CUMBERLAND COUNTY, PENNSYLVANIA HUSBAND and WIFE Plaintiffs vi. THE HOME DEPOT, Defendant : NO. 07- 6096 CIVIL TERM COMPLAINT 1. Plaintiffs, John S. Lipnicky and Holly A. Hanevich-Lipnicky, are husband and wife residing at 1126 Kent Drive, Mechanicsburg, Cumberland County, and State of Pennsylvania. 2. Defendant, The Home Depot, is a corporation authorized to do business within the State of Pennsylvania and maintains a location for the transaction of such business at 1013 South Hanover Street, Carlisle, Cumberland County, and State of Pennsylvania. 3. Defendant, The Home Depot, owns and operates a retail store at the aforementioned location in Carlisle, Cumberland County, and State of Pennsylvania. 4. Defendant, The Home Depot, maintains and controls its premises at the aforementioned location, an indoor lumber yard that offers for sale a wide variety of wood and wood products for sale to it's customers. 5. On or about 11:30 a.m. on November 5, 2005, Plaintiff, John S. Lipnicky, was shopping for wood material to be used in a home improvement project when approximately eight large wood shelving boards fell off the rack where they were displayed and struck Plaintiff, John S. Lipnicky on the left forearm when he attempted to protect himself causing Plaintiff to sustain a severe and continuing injury to his left arm. 6. Plaintiff was lawfully on the aforesaid premises owned, operated, maintained and controlled by Defendant, The Home Depot as a business invitee on November 5, 2005. 7. Defendant, The Home Depot, by reason of the storage rack's defective design, installation, maintenance, and /or negligent placement of the wood shelf boards created an unsecured and unstable stack of wood boards thereby failing in it's duty to provide the highest degree of care and caution protect Plaintiff, John S. Lipnicky in his capacity as a business invitee. 8. The immediate result of Defendant's failure to perform it's duty to Plaintiff, John S. Lipnicky, was to cause Plaintiff to suffer a serious and continuing physical injury requiring medical attention, subsequent doctor's visits, and a deleterious effect on Plaintiff's ability to perform his job duties efficiently. 9. As a direct and proximate result of the aforesaid injury to the left forearm, Plaintiff, John S. Lipnicky suffered injuries of a personal and pecuniary nature including but not limited to loss of wages, medical expenses, pain and suffering and physical and emotional trauma all of which are permanent. 10. Defendant, The Home Depot, by its actions, or through its inactions, has failed to fulfill its duty of care to the Plaintiff, John S. Lipnicky, a business invitee to maintain a safe and secure environment in its retail store at the aforementioned address. 11. Defendant, The Home Depot, by its actions, or through its inactions caused Plaintiff's injury to his left forearm resulting in a severe and debilitating injury with permanent results consisting of nerve damage that has resulted in loss of function of his finger. COUNTI JOHN S. LIPNICKY V THE HOME DEPOT 12. Paragraphs 1 through 11 are incorporated as if fully state herein. 13. Defendant, The Home Depot, by its actions or through its inactions, has failed to fulfill its duty of care as a retail business entity toward a business invitee, plaintiff, John S. Lipnicky at its retail location at 1013 South Hanover Street, Carlisle, Cumberland County, and State of Pennsylvania. 14. Defendant, The Home Depot, by its actions, or through its inactions, caused the wood shelf boards on display on a rack in it's indoor lumber yard to be unstable and fall striking Plaintiffs left forearm. WHEREFORE, the Plaintiffs John S. Lipnicky and Holly A. Hanevich-Lipnicky demand judgment against Defendant, The Home Depot, for actual damages in the amount not to exceed $50,000.00 and compulsory arbitration is requested. COUNT II HOLLY A HANEICH-LIPNICKY V THE HOME DEPOT 15. Paragraphs 1 through 14 are incorporated as if fully stated herein. 16. That prior to and at all times mentioned herein, Plaintiffs, John S. Lipnicky and Holly A. Hanevich-Lipnicky, are husband and wife residing at 1126 Kent Drive, Mechanicsburg, Cumberland County, and State of Pennsylvania. 17. That as a result of the physical and emotional injuries suffered by the Plaintiff, John S. Lipnicky, which are continuing consequences, Plaintiff, Holly A. Hanevich-Lipnicky, his wife has suffered loss of consortium with her husband, John S. Lipnicky. WHEREFORE, The Plaintiffs John S. Lipnicky and Holly A. Hanevich-Lipnicky demand judgment against Defendant, The Home Depot for actual damages in an amount not to exceed $50,000.00 and compulsory arbitration is requested. Respectfully Submitted TURO LAW OFFICES Date Michael R. Smith, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 9-J-7 -0-7 Date Jo S. Lipnicky VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1011616 -, Date Holly . Hanevich-Lipn' C a CTN SHERIFF'S RETURN - REGULAR CASE NO: 2007-06090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIPNICKY JOHN S ET AL VS HOME DEPOT THE WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOME DEPOT THE the DEFENDANT at 1309:00 HOURS, on the 19th day of October , 2007 at 1013 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to SCOTT CROUSE, ASST MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 .00 3 3 . 3 8 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/23/2007 RON TURO By eputy Sheriff A. D.