The URL can be used to link to this page

Home My WebLink About08-1717IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Carl and Doris Jumper, Plaintiff, VS. DANIEL W. GIANELLONI and WERNER ENTERPRISES, INC., Defendants. CIVIL DIVISION - ARBITRATION No.. Ce - I q I'l Civi I Te tv\ CIVIL COMPLAINT Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: Carl and Doris Jumper, Plaintiff, vs. DANIEL W. GIANELLONI and WERNER ENTERPRISES, INC., Defendants. 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 a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Carl and Doris Jumper, CIVIL DIVISION - ARBITRATION No.: OF - 17 / 7 Ltr j 7-z", Plaintiff, vs. DANIEL W. GIANELLONI and WERNER ENTERPRISES, INC., Defendants. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Carl and Doris Jumper, by and through its counsel, Travis L. McElhaney, Esquire, Christopher P. Deegan, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Carl and Doris Jumper, is a corporation doing business within the Commonwealth of Pennsylvania and has a place of business at P.O. Box 2371, Bloomington, Illinois 61702. 2. Carl and Doris Jumper are adult individuals residing at 1528 Terrace Avenue, Carlisle, Pennsylvania 17013. 3. Defendant, Daniel W. Gianelloni, is an adult individual residing at 2213 Scenic Shore Drive, Seabrook, Texas 77586. 4. Defendant, Werner Enterprises, Inc., is a corporation doing business within the Commonwealth of Pennsylvania and has a principal place of business at 14507 Frontier Road, Omaha, Nebraska 68138. 5. At all times relevant hereto, Carl and Doris Jumper were the owners of a 2006 Buick Rendezvous automobile. 6. At all times relevant hereto, Carl and Doris Jumper maintained a policy of automobile insurance with State Farm which covered their aforementioned vehicle. 7. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to the Jumper's aforementioned vehicle. 8. At all times relevant hereto, Nancy Stout was operating the Jumper's aforementioned vehicle and was doing so with their permission. 9. At all times relevant hereto, Daniel Gianelloni was an employee and/or agent and/or representative of Werner Enterprises, and was operating Werner Enterprises' 2007 Freightliner truck bearing Nebraska license plate number 11560111964 within the course and scope of his employment and/or agency and/or representation. 10. On or about June 15, 2007, Nancy Stout was traveling south on Route 81 at or near Mechanicsburg, Pennsylvania, when she slowed for traffic ahead of her. 11. Suddenly and without warning, Gianelloni, who was also traveling south on Route 81, did strike Stout's vehicle from behind, causing damage thereto. 12. At all times relevant hereto, Stout was proceeding in a lawful manner and had the right of way. 13. As a result of the aforementioned incident, the damages suffered by Carl and Doris Jumper include, but are not limited to, damage to their vehicle and expenses associated with the use of a rental vehicle. 14. Pursuant to its policy of insurance with Carl and Doris Jumper, Plaintiff State Farm paid damages in the amount of $10,940.63 as a result of the aforementioned damages suffered by Carl and Doris Jumper. COUNT I - NEGLIGENCE State Farm Mutual Automobile Insurance Comnany as subro2ee of Carl and Doris Jumper vs Daniel Gianelloni 15. Paragraphs 1-14 above are incorporated by reference herein as if more fully set forth at length below. 16. The careless, negligent and reckless conduct of Gianelloni was the direct and proximate cause of the damages suffered by Carl and Doris Jumper, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to control his vehicle; b. In failing to look or watch where his vehicle was being operated; C. In striking the Jumper's vehicle from behind; d. In traveling too fast for the existing circumstance; e. In traveling too close to the Jumper's vehicle; f. In failing to remain alert to existing traffic conditions; g. In failing to use his brakes or other braking mechanisms; h. In operating his vehicle in a careless, negligent and reckless manner; In operating his vehicle in violation of the Pennsylvania Motor Vehicle Code; and j. In failing to provide Carl and Doris Jumper with the standard of care owed to them under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Carl and Doris Jumper, demands judgment in its favor and against the defendant, Daniel Gianelloni, in the amount of $10,940.63, exclusive of interest and costs. COUNT II - NEGLIGENCE State Farm Mutual Automobile Insurance Comnany as subrogee of Carl and Doris Jumper vs Werner Enterprises, Inc 17. Paragraphs 1-16 above are incorporated by reference herein as if more fully set forth at length below. 18. The careless, negligent and reckless conduct of Werner Enterprises, Inc., by and through its employees and/or agents and/or representatives, was the direct and proximate cause of the damages suffered by Carl and Doris Jumper, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to properly train its employee and/or agent and/or representative; b. In failing to properly supervise its employee and/or agent and/or representative; C. In allowing and/or permitting its employee and/or agent and/or representative to act or omit to act as described in paragraph 16; and d. In failing to provide Carl and Doris Jumper with the standard of care owed to them under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Carl and Doris Jumper, demands judgment in its favor and against the defendant, Werner Enterprises, Inc., in the amount of $10,940.63, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By. J/'" t nikFp M i Travis L. McElhaney, Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Travis L. McElhaney, Esquire, being the attorney for plaintiff in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that plaintiff's Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing Complaint are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsifications to authorities. Travis L. McElhaney, Esquir Dated: M a rr k 1() 0a 008 (? O W 71 O { _77 7 z _ :r m W O Ah IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Carl and Doris Jumper, Plaintiff, VS. DANIEL W. GIANELLONI and WERNER ENTERPRISES, INC., Defendants CIVIL DIVISION - ARBITRATION No.: 08-1717 Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Carl and Doris Jumper, Plaintiff, vs. DANIEL W. GIANELLONI and WERNER ENTERPRISES, INC., Defendants. CIVIL DIVISION - ARBITRATION No.:08-1717 Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice. Respectfully Submitted, Dated: -4(- WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: C ;Ti6s L. McElh squire opher P. Deegan, Esquire Counsel for Plaintiff tz3 (. ; ?t C L r ? ? 3