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HomeMy WebLinkAbout03-6318MELISSA W. LAY and TORRIE L. LAY, husband and wife Plaintiffs DAVID L. McDERMOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- (~ 3/,v CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Torrie L. Lay and Melissa W. Lay, husband and wife are adult individuals residing at 105 Minick Drive, Newburg, Cumberland County, Pennsylvania 17240. 2. The Defendant, David L. McDermott, is an adult individual residing at 718 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On Mayl 0, 2003, the Plaintiff, Melissa W. Lay was operator of a 2000 Toyota pick up truck bearing Pennsylvania registration plate YBP 2920. 4. On May 10, 2003, the Defendant, David L. McDermott was the operator of a 1986 Oldsmobile Cutlass Ciera bearing Pennsylvania registration plate FBZ 7107, which was owned by and used with the permission of Donald McDermott. 5. On May 10, 2003, at approximately 1:40 p.m., Plaintiff, Melissa W. Lay was operating her vehicle northbound on PA State Route 696, approximately 4 miles from Shippensburg, Cumberland County, Pennsylvania. 6. At the same time and place, the Defendant was operating his vehicle southbound on State Route 696 when he lost control of his vehicle rounding a right hand curve in the roadway, and crossed the center of the roadway directly into the Plaintiff's path of travel, causing a collision which resulted in injuries and damages to the Plaintiffs. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiffs. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNT I MELISSA W. LAY DAVID L. MCDERMOTT 9. The allegations contained in paragraphs 1 though 8 are incorporated herein and made part hereof as though fully set forth at length. 10. The negligence of the Defendant consisted of the following: a. Failing to properly operate and control his motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating his motor vehicle with careless disregard for the safety of others and the Plaintiff in particular, in violation of 75 Pa.C.S. § 3361; d. Violating 75 Pa.C.S. § 1786 (f); e. Failing to operate his vehicle on the right hand side of the roadway; f. Operating his vehicle too fast for the conditions then and there existing in the violation of 75 Pa,C.S. § 3361; g. Operating his vehicle on the left hand side of the roadway; and, h. Failing to exercise reasonable care to maintain control of his vehicle so as to prevent it from crossing into the opposite lane of the roadway directly into Plaintiff' s path of travel. 11. As a result of the negligence of the Defendant, Plaintiff, Melissa W. Lay suffered serious and permanent injuries including but not limited to a complex oblique fracture involving the body of the calcaneus and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, the cost or reasonable value of which is, or may be, in excess of the sum recoverable under the Pemlsylvania Motor Vehicle Financial Responsibility Law, and she will continue to incur medical expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss to her earnings and impairment of her earning capacity. This loss of income and impairment of earning capacity has exceeded, or may exceed, the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and the loss of income and impairment of earning capacity will, or may, continue in the future. 14. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II TORRIE L. LAY DAVID L. MCDERMOTT 15. The allegations contained in paragraphs I through 14 are incorporated herein and made a part hereof as though fully set forth at length. 16. Solely as a result of the negligence of the Defendant, and the resulting injuries to his spouse, Plaintiff; Torrie L. Lay has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great loss and detriment. Said losses may continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. Respectfully submitted, OzI3.RIEN, BARIC & SCHE~lt/ David A. Baric, Esquire I.D. 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/lay/complaint.pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are ~nade subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. DATE: Melissa W. Lay SHERIFF'S RETURN - CASE NO: 2003-06318 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAY MELISSA W ET AL VS MCDERMOTT DAVID L REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCDERMOTT DAVID L DEFENDANT , at 1231:00 at 718 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 DANOAL MCDERMOTT, FATHER a true and attested copy of the HOURS, on the 10th day of December , 2003 by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 11 Affidavit Surcharge 10 39 00 73 00 00 00 73 Sworn and Subscribed to before me this /~'~ day of So Answers: R. Thomas Kline 12/11/2003 OBRi