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HomeMy WebLinkAbout03-6111LINDA LANDUCCI. Plaintiff VS. WAL MART STORES INC, AND EVERSTAR MERCHANDISE JOINTLY AND INDIVIDUALLY, : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to (Sheriff) (Attomey)(Defendant) and (address). Date: 50 East High Street Carlisle, PA 17013 Supreme Court ID# 68721 (717) 258-8558 WRIT OF SUMMONS To The Above Named Defendant: hj~/~-~rT' ~o~.~2~ t~,~ YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: ~Z/~g;. ~gd>f oilc2:O By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW Linda Landucci, Plaintiff V Wal-Mart Stores Inc And Everstar Merchandise, Jointly and Individually, Defendants FILENO. t~)3' ~,/// ~ 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 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 the court without further notice may enter a judgment against you 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County lawyer referral service 2 Liberty Avenue Carlisle, Pa phone 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA LINDA LANDUCCI PLAINTIFF, V WAL-MART STORES, INC AND IT'S SUPPLIER EVERSTAR MERCHANDISE, JOINTLY AND INDIVIDUALLY DEFENDANTS, CIVIL ACTION / LAW FILE NO JURY TRIAL DEMANDED COMPLAINT Plaintiff, by and through her attorneys, THE LAW OFFICE OF PAUL BRADFORD ORR, BY Richard R.Gan, Esquire pleads and alleges as follows: GENERAL ALLEGATIONS 1. Plaimiff, Linda Landucci resides at 2253 Canterbury Drive, Cumberland County, Mechanicsburg, PA 17055. Defendant Wal -Mart is a corporation incorporated under the laws of the State of Arkansas and is licensed to do business and is doing business at 6520 Carlisle Pike Cumberland County, Mechanicsburg Pa, 17055. Wal-Mart is engaged in the wholesale manufacture and retail sale ora broad range of consumer products of all types. 3. Defendant Everstar is a Supplier of Defendant Wal-Mart whose corporate offices are located in Illinois who is engaged in the manufacture and or sale of Christmas lights. 10. 11. On or about November 17, 2001, the Plaintiffpurchased a string of Christmas tree lights from Defendant Wal-Mart Store located at 6520 Carlisle Pike, Mechanicsburg Pa. The Christmas tree lights were sold to Defendant Wal-Mart by Defendant Ever- Star. Defendant Everstar manufactures and or sells Christmas tree lights to Wal-Mart and other retail stores throughout the United States. Defendant EverStar designs, Manufactures and sells the Christmas Tree lights to be used as Christmas Tree lights, expecting these lights to reach consumers in the condition in which they are manufactured and sold knowing, or with reason to know that they will be used without inspection for defects. Defendant Wal-Mart sells Christmas Tree lights expecting these lights to reach consumers in the condition in which they are sold and knowing, or with reason to know that they will be used without inspection for defects. On or about November 25, 2001, Plaintiff opened the container of lights for the first time in preparation for the Christmas season and to decorate a room in her home. On or about November 25, 2001, Plaintiff was injured when the lights shorted out sending a disabling burst of electricity throughout her body. At the time she was injured, Plaintiff was using the lights as they were intended to be used. At the time of it's manufacture and sale, the Christmas tree lights were not fit for their intended use and therefore were defective and unreasonably dangerous because they shorted out and emitted an electrical shock when being carefully handled. Plaintiff was unaware of any defects in the strand of lights. Immediately before the injury to Plaintiffoccurred, the lights were in a condition existing when Defendant Everstar manufactured and delivered the lights to Defendant Wal-Mart. The condition of the lights remained substantially unchanged form the time of sale by Defendant Wal Mart to the time of Plaintiffs Injury. As a direct and proximate result of the defective condition of the lights, Plaintiff suffered severe and serious injuries to her person, in particular: Blackout, accelerated heartbeat, pain in her chest, tunnel vision, nerve damage to her right side, numbness in her extremities, electrical injury and exacerbation of fibromyalgia secondary to the electrical injury. 12. As a result of the injuries suffered, plaintiffhas been for almost two years in the past and will be for the foreseeable future compelled to employ the services of physicians, and related professional services, including drugs, medicines and related. WHEREFORE, Plaintiff, Linda Landucci prays for judgment against Defendant Wal- Mart and Defendant Everstar, jointly and individually in an amount in excess of the arbitrable minimum of $35,000 and to be determined by this honorable court. Dated: · ~ ~ ~es oi e'aul Dranxoru urr By: Richard R. Gan, Esquire 50 East High Street Carlisle, PA 17031 717-258o8558 PA Supreme Court I.D. 68721 VERIFICATION I, RICHARD R. GAN, attorney for the Plaintiffherein, do hereby certify that the statements contained in the foregoing Complaint are true and correct and are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unswom falsification to authorities.