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HomeMy WebLinkAbout08-4674JARRETT P. PEDALINO Plaintiff V. AMERICAN HONDA MOTOR CO., INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n NO: - Ds - gt,,7q C+v i 1 lerw. 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 Counsel for service. Date: Respectfully submitted, Rominger & Associates KatfE. Ronunger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff WRIT OF SUMMONS To The Above Named Defendants: American Honda Motor Co., Inc. 1919 Torrance Boulevard Torrance, California 90501-2746 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: #48 aoo8 Deputy z, N ? 0 2s OD W` c .a JARRETT P. PEDALINO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO: 08-4674 AMERICAN HONDA MOTOR CO., INC. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 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. JARRETT P. PEDALINO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :NO: 08-4674 AMERICAN HONDA MOTOR CO., INC. : JURY TRIAL DEMANDED COMPLAINT AND now comes Jarrett P. Pedalino, by and through his counsel, Karl E. Rominger, Esquire, avers as follows: 1. Plaintiff Jarrett P. Pedalino is an adult sui juris residing at 200 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant American Honda Motor Co., Inc. is a corporation believed to manufacture, make, distribute, market and provide the Honda Civic EX Navigation involved in the incident and accident described below, and is believed to be located at 1919 Torrance Boulevard, Torrance, California 90501-2746. 3. On August 8, 2006, at approximately 1:40 p.m., Plaintiff was operating a 2006 Honda Civic EX Navigation automobile. 4. On said date and time, said vehicle was being operated in a southerly direction on SR81, Penn Township, with the vehicle following the flow of traffic. 5. Plaintiff drove over an unknown object which breached the bottom of his car and/or the interior of the gearshift column of the 2006 Honda Civic EX Navigation causing the gearshift column to explode, that Plaintiff was driving. 6. The breech of the interior gearshift column resulted in Plaintiff having open multiple fractures of his right hand and having emergency surgery of his right hand. COUNT ONE Jarrett P. Pedalino V. American Honda Motor Co., Inc. Strict Liability 7. Paragraphs 1 through 6 of Plaintiffs Complaint are incorporated by reference herein as if set forth in full. 8. Upon information and belief, the accident wherein plaintiff was injured, was caused by the defective nature of the Honda Civic EX Navigation, which defect existed at the time the vehicle's gearshift column exploded and rendered said vehicle unreasonably dangerous for its intended use, and to other drivers on the road, such as plaintiff. 9. As the result of the defective nature of the gearshift column, defendant is strictly liable to plaintiff pursuant to § 402A of the Restatement (Second) of Torts for the following reasons: (a) failing to properly and adequately design the gearshift column system; (b) failing to properly and adequately manufacture the gearshift column system; (c) other defects as may become evident through the course of discovery or trial. (d) failing to shield the driver from roadside debris penetrating the under carriage and breeching the passenger compartment. 10. As the direct result of the defects as described above, plaintiff suffered injury to his right hand. WHEREFORE, plaintiff demands that judgment be entered against defendant and for plaintiff in an amount not excess of $74,999.00 exclusive of interest and costs. COUNT TWO Jarrett P. Pedalino V. American Honda Motor Co., Inc. Negligence 11. Paragraphs 1 through 10 of Plaintiffs Complaint are incorporated by reference herein as if set forth in full. 12. The negligence of defendant consisted of: (a) failing to discover the defect in the gearshift column system when defendant knew or should have known that such a defect existed; (b) failing to take steps necessary to harden and make the undercarriage safe to protect against intrusion by road debris. 13. As the direct result of defendant's negligence, plaintiff suffered severe and permanent injuries as more fully described above. WHEREFORE, plaintiff demands that judgment be entered against defendant and for plaintiff in an amount in excess of $74,999.00 exclusive of interest and costs. Respectfully Submitted, Rominger & Associates Date: September 3, 2008 Kar E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff JARRETT P. PEDALINO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :NO: 08-4674 AMERICAN HONDA MOTOR CO., INC. : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the within Complaint upon the following by depositing the same in the United States Mail, first class, postage prepaid, addressed as follows: Tiffany Alexander, Esquire CAMPBELL, CAMBELL, EDWARDS, CONROY 690 Lee Road, Suite 300 Wayne, Pennsylvania 19080 Date: September 3, 2008 Respectfully Submitted, Rominger & Associates 1 Karl E.-Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff '?' ?: 7 ? ...n C:" ?, ?a ?- , -- a x r;? c<?" '4 c?:; Campbell Campbell Edwards & Conroy, PC William J. Conroy, Esquire Tiffany M. Alexander, Esquire Attorney I.D. No. 36433/88681 690 Lee Road Suite 300 Wayne, PA 19087 (610) 964-1900 JARRETT P. PEDALINO Plaintiff, -v- AMERICAN HONDA MOTOR CO., INC Defendant. Attorneys for Defendant, American Honda Motor Co., Inc COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 08-4674 JURY TRIAL DEMANDED NOTICE OF REMOVAL TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: Pursuant to 28 U.S.C.A. §§ 1332, 1441 and 1446 (e), defendant, American Honda Motor Co., Inc., files herewith a certified copy of the Notice of Removal, which was filed in the United States District Court for the Middle District of Pennsylvania. Respectfully submitted: By: Tiffany A ex der, Esquire CAMPBELL C BELL EDWARDS & CONROY, P.C. 690 Lee Road, Suite 300 Wayne, PA 19087 610-964-1900 610-964-1981 (facsimile) Attorney ID: PA88681 1 Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 1 of 15 lk,..IS44 (Rev. 12/07) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required bylaw, except as provided by local rules ofcourt. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use oft he Clerk of ourt for the put-pose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) L (a) PLAINTIFFS Jarrett P. Pedalino (b) County of Residence of First Listed Plaintiff Cumberland (EXCEPT IN U.S. PLAINTIFF CASES) DEFENDANTS American Honda Motor Co., Inc. County of Residence of First Listed Defendant Torrance, CA (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. (C) Attorney's (Firm Name, Address, and Telephone Number) Attorneys (If Known) Karl E. Rominger, Esquire Tiffany M. Alexander, Esquire ROMINGER BAYLEY & WHARF CAMPBELL CAMPBELL EDWARDS & CONROY II. BASIS OF JURISDICTION (Place it "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an" X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) ? 1 U.S. Government ? 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Govenmment Not a Party) Citizen of This State C9 I O I Incorporated or Principal Place O 4 ? 4 of Business In This State ? 2 U.S. Government X 4 Diversity Citizen of Another Slate ? 2 O 2 Incorporated and Principal Place ? 5 (ffi 5 Detendant (Indicate Citizenship of Parties in Item 111) of Business In Another State Citizen or Subject ofa ? 3 O 3 Foreign Nation ? 6 O 6 Foreign Country 1V NA71IDVnVCiTIT rm.........•v^:..n...n....n,.n.,m CONTRACT TORTS FORFEIT REJPENALTY 13AINXRUPT Y OTHER `STATUTES O 110 Insurance PERSONAL INJURY PERSONAL INJURY ? 610 Agriculture ? 422 Appeal 28 USC 158 ? 400 State Reapportionment ? 120 Marine ? 310 Airplane ? 362 Personal Injury - ? 620 Other Food & Drug ? 423 Withdrawal ? 410 Antitntst ? 130 Miller Act ? 315 Airplane Product Med. Malpractice ? 625 Drag Related Seizure 28 USC 157 ? 430 Banks and Banking O 140 Negotiable Instrument Liability O 365 Personal Injury - of Property 21 USC 881 ? 450 Cornttterce ? 150 Recovery of Overpayment ? 320 Assault, Libel & Product Liability ? 630 Liquor Laws " PR P Y= ? 460 Deportation & Enforcementof.ludpieut Slander ? 368 Asbestos Personal ? 640 R.R. & Truck ? 820 Copyrights ? 470 Racketeer Influenced and ? 151 Medicare Act ? 330 Federal Employers' Injury Product ? 650 Airline Regs. ? 830 Patent Corrupt Organizations ? 152 Recovery of Defaulted Liability Liability ? 660 Occupational ? 840 Trademark O 480 Constaner Credit Student Loans ? 340 Marine PERSONAL PROPERTY Safety/Health ? 490 Cable/Sat TV (Excl. Veterans) ? 345 Marine Product ? 370 Ot cr Fraud O 690 Other ? 810 Selective Service ? 153 Recovery ofOvetpayuent Liability ? 371 Truth in Lending LAB ? 850 Securities/Connnoditiesi of Veteran's Benefits ? 350 Motor Vehicle ? 3800dner Personal ? 710 Fair Labor Standards ? 861 HIA (1395f1) Exchange ? 160 Stockholders' Suits Ot 355 Motor Vehicle Property Damage Act D 862 Black Lung (923) ? 875 Customer Challenge O 190 Other Contract Product Liability O 385 Property Dru age O 720 Labor/Mgmt. Relations ? 863 DIWC/DIWW (405(8)) 12 USC 3410 ? 195 Contract Product Liability ? 360 Other Personal Product Liability ? 730 Labor/Mgmt.Repotting ? 864 SSID Title XVI ? 890 Other Statutory Actions ? 196 Franchise Injury & Disclosure Act ? 865 RSI 405 ? 891 Agricultural Acts REAL PROPERTY CIVIL RIGHTS PRISONERPETITJONS '- ? 740 Railway Labor Act FEDERAL'TAX SUIT O 892 Economic Stabilization Act ? 210 Land Condemnation ? 441 Voting ? 510 Motions to Vacate O 790 Otter Labor Litigation ? 870 Taxes (U.S. Plaintiff ? 893 Environmental Matters ? 220 Foreclosure ? 442 Employment Sentence ? 791 Empl. Ret Inc, or Defendant) ? 894 Energy Allocation Act ? 230 Rent Lease & Ejectment ? 443 Housing/ Habeas Corpus: Security Act ? 87t IRS-Third Party ? 895 Freedom of Information ? 240 Torts to Land Accommodations ? 530 General 26 USC 7609 Act O 245 Tort Product Liability ? 444 Welfare ? 535 Death Penalty I1N1l1[G 7tH.,: ? 900Appeal of Fee Detemninatiou O 290 All Other Real Property ? 445 Amer. w/Disabilities - ? 540 MandannlS & Other 462 Naturalization Application Under Equal Access Employment ? 550 Civil Rights O 463 Habeas Corpus - to Justice ? 446 Anner. w/Disabilities - ? 555 Prison Condition Alien Detainee ? 950 Constitutionality of Other ? 465 Other Immigration State Statutes ? 440 Otter Civil Rights Actions V. ORIGIN (Place an "X" in One Box Only) Appeal to District 14 ] Original 2 Removed from Q 3 Remanded firm Q 4 Reinstated or Q 5 Transferred from O 6 Mulddistrict p 7 Judge ftom Proceeding State Court Appellate Court Reopened another district Litigation ud Magistrate (specify) Judtmment VI CAUSE OF CT10N C* ?. J t .SC,C'vil 1$at?3? p, er1w1 tho,4I anc?X4ch ou r cal; 14y'4 o not cite jurisdictional statutes unless diversity): .?t' 4 Brief description of cause: I Alleged detect of gearshitt column of 1006 Honda Civic EX. 93 V ill. REQUESTED IN Q CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if denumnded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: 9f Yes O No VIII. RELATED CASE(S) IF ANY (See insmmcrious): JUDGE DOCKET NUMBER 10/02/2008 RECEIPT N AMOUNT APPLYING IFP\ 1 JUDGE MAG. JUDGE Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 2 of 15 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JARRETT P. PEDALINO Plaintiff, No. V. JURY OF TWELVE (12) DEMANDED AMERICAN HONDA MOTOR CO., INC. : Defendant. NOTICE OF REMOVAL TO THE HONORABLE JUDGES OF THE SAID DISTRICT COURT OF THE UNITED STATES: Petitioner American Honda Motor Co., Inc. ("AHM" ), defendant in the above-captioned action, respectfully requests that this matter be transferred from the Court of Common Pleas of Pennsylvania, Cumberland County, to the United States District Court for the Middle District of Pennsylvania and respectfully represents as follows: 1. This matter is a civil action which was filed and is now pending in the Court of Common Pleas of Cumberland County, docketed at Civil Action Law, No. 08-4674 2. The action was instituted in the Cumberland County Court of Common Pleas on August 4, 2008, by Writ of Summons. The Writ was served on defendant AHM on or about August 12, 2008. A copy of the Writ is attached hereto and marked as Exhibit "A". 3. On September 4, 2008, Plaintiff filed a Complaint with the Cumberland County Court of Common Pleas, a copy of which is attached hereto as Exhibit "B". 4. Until the Complaint was filed, AHM was not put on notice of federal jurisdiction. 5 Specifically, the Writ of Summons did not disclose the state of plaintiff's residence, the type of Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 3 of 15 injury or damages claimed, nor the amount in controversy. Simply put, the Writ did not inform AHM or the Court to "a substantial degree of specificity that all of the elements of federal jurisdiction are present". See Pemnont Nebefit Svc. V. Castellano, et.al. 2004 WL 1551745 (E.D.Pa. 2004) citing Foster v. Mutual Fire, Marine & Inland Ins. Co., 986 F.2d 48,49 (3d. Cir. 1993). 5. As such, this notice of removal is timely as it is being filed within thirty (30) days after AHM was first put on notice of federal jurisdiction. Penmont at 1. GROUNDS FOR REMOVAL 6. Jurisdiction over this removed action is premised on 28 U.S.C.A. §1441(A) because this action could originally have been filed in this Court pursuant to 28 U.S.C.A. § 1332. Federal diversity jurisdiction exists over this action because all parties are completely diverse. Plaintiff alleges substantial bodily injuries, including multiple open fractures of his right hand, which required emergency surgery. Accordingly, the amount in controversy exceeds $75,000. See Exhibit B. Diversity of Citizenship of the Parties Exists 7. Plaintiff and defendant are citizens of different states. Specifically, the citizenship of the parties is as follows: A. Plaintiff: Plaintiff resides at 200 West Ridge Street, Carlisle, Cumberland County, Pa. 17013 See, Exhibit "B". B. Petitioner American Honda Motor Co., Inc. is incorporated under the laws of the State of California and has its principal place of business at office at 1919 Torrance Blvd, Torrance, CA, 90501-2746. The Amount in Controversy Exceeds $75,000.00 Exclusive of Interest and Costs 8. In this lawsuit, plaintiff seeks money damages from AHM as a result of personal 3 Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 4 of 15 injuries and damages allegedly resulting from an incident that occurred on or about August 8, 2006. See, Exhibit "B", paragraph 3 9. In Count One of the Complaint, Plaintiff asserts a claim for strict liability due to an alleged defect in the gearshift column, among other components, in his 2006 Honda Civic EX, that he claims caused "multiple fractures of his right hand" and "required emergency surgery of his right hand." (Exh. B at p. 1 and 2). 10. For this claim, he requests judgment in an amount not in excess of $74,999.00, exclusive of interest and costs. (Exh. B). 11. In the alternative, in Count Two of the Complaint, Plaintiff asserts a claim for negligence on the part of AHM. (Exh B. at p. 3). 12. For this claim, he requests judgment in an amount not in excess of $74,999.00, exclusive of interest and costs. (Exh. B at p. 3). 13. On its face, the Complaint violates Pa. R. Civ. P. 1021(b), which clearly states: (b) Any pleading demanding relief for unliquidated damages shall not claim any specific sum. 14. Where, as here, the Plaintiff is seeking unliquidated damages for personal injury, Pa. R. Civ. P. 1021 (c) requires that the plaintiff "state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by the local rule." 15. The jurisdictional limit requiring arbitration referral in the Court of Common Pleas for Cumberland County is $50,000.00 exclusive of interest and costs. See C.C.R.P. 1301.1. 16. If properly pled, the Complaint asserts two (2) causes of action, which are mutually exclusive, and for each of which Plaintiff could potentially recover an unspecified amount that exceeds the jurisdictional limit of $75,000. 4 Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 5 of 15 17. In evaluating a complaint that contains this kind of open-ended claim for damages, a court should appraise the amount in controversy according to a reasonable reading of the value of the rights being litigated, and should retain federal jurisdiction if a reasonable jury could value the plaintiffs' claim at more than the jurisdictional amount. Angus v. Shiley, Inc., 989 F.2d 142, 146 (3d Cir. 1993). 18. Despite a request from AHM to do so, Plaintiff will not formally stipulate to a limit on recovery of $75,000.00 exclusive of interest and costs, which should serve as an admission that the amount in controversy exceeds this Honorable Court's jurisdictional limit of $75,000.00. 19. Complete diversity of citizenship exists. As a result of the claimed injuries and damages, AHM avers that the amount in controversy exceeds $75,000 exclusive of interests and costs. Accordingly, AHM respectfully requests that this action be removed from the Cumberland County Court of Common Pleas to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C.A. §§1332(a)(1) and 1441(a). WHEREFORE, petitioner American Honda Motor Co., Inc. respectfully requests that this action be removed from the Cumberland County Court of Common Pleas to this Honorable Court and respectfully requests an Order of Removal. Respectfully submitted, By: VV' Tiffan UPBELL nder, Esquire CAMPBELL EDWARDS & CONROY, P.C. 690 Lee Road, Suite 300 Wayne, PA 19087 610-964-1900 610-964-1981 (facsimile) q Attorney ID: PA88681 Date: October y , 2008 5 Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 6 of 15 VERIFICATION I, Tiffany M. Alexander, Esquire state that I am an attorney for defendant American Honda Motor Co., Inc and state that the facts set forth in the foregoing Notice of Removal are true and correct to the best of my knowledge, information and belief, and further, that the statements made therein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. By: CAMPBE C PBELL EDWARDS & CONROY, P.C. 690 Lee Roa , ite 300 Wayne, PA 19087 610-964-1900 610-964-1981 (facsimile) Attorney ID: PA88681 Date: z -'?Ol)g 9 Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 7 of 15 PROOF OF FILING Tiffany M. Alexander, Esquire hereby certifies that a copy of the foregoing Notice of Removal is to be filed with the Prothonotary of the Court of Common Pleas of Pennsylvania, Cumberland County immediately upon receipt of the certified copy from the United States District Court for the Middle District of Pennsylvania. IM By: Ti fany . A x der, Esquire CAMPBELL C BELL EDWARDS & CONROY, P.C. 690 Lee Road, Suite 300 Wayne, PA 19087 610-964-1900 610-964-1981 (facsimile) Attorney ID: PA88681 8 Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 8 of 15 CERTIFICATE OF SERVICE Tiffany M, Alexander, Esquire, hereby certifies that a true and correct copy of the Notice of Removal for Defendant American Honda Motor Co. Inc., has been served by the United States first class mail, postage prepaid and addressed as follows: Karl E. Rominger, Esquire ROMINGER BAYLEY & WHARF 155 South Hanover Street Carlisle, PA 17013 By. V?( Tiffany 14. ?andbr, Esquire CAMPBELL PBELL EDWARDS & CONROY, P.C. 690 Lee Road, Suite 300 Wayne, PA 19087 610-964-1900 610-964-1981 (facsimile) Attorney ID: PA88681 Date: O 0 10 Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 9 of 15 f-OUNT A Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 10 of 15 14W 'r4z 2" JARRETT P. PEDALINO Plaintiff V. AMERICAN HONDA MOTOR CO., INC. ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW 4- NO: - 03- qc?qy 11 I W H C?? JURY TRIAL DEMANDED 144 ra PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary-. Please issue a writ of summons in the above captioned action. C' Writ of Summons shall be issued and forwarded to Counsel for service. Date: Respectfully submitted, Rominger & Associates KeflE. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff WRIT OF SUMMONS To The Above Named Defendants: American Honda Motor Co., Inc. 1919 Torrance Boulevard Torrance, California 90501-2746 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: µ Aj '0$ oil, olay 6 - _,U,?, P_ " - By: ?. Deputy whemi, I twe unio set Ply t'U: ind ft of MW Gouct at C>et# ?008 e,_ t14&- Asu #d - T '?imihdtl0f?rv Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 11 of 15 ;kHmior Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 12 of 15 JARRETT P. PEDALINO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :NO: 08-4674 AMERICAN HONDA MOTOR CO., INC. : JURY TRIAL DEMANDED COMPLAINT AND now comes Jarrett P. Pedalino, by and through his counsel, Karl E. Rominger, Esquire, avers as follows: 1. Plaintiff Jarrett P. Pedalino is an adult sui juris residing at 200 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant American Honda Motor Co., Inc. is a corporation believed to manufacture, make, distribute, market and provide the Honda Civic EX Navigation involved in the incident and accident described below, and is believed to be located at 1919 Torrance Boulevard, Torrance, California 90501-2746. 3. On August 8, 2006, at approximately 1:40 p.m., Plaintiff was operating a 2006 Honda Civic EX Navigation automobile. 4. On said date and time, said vehicle was being operated in a southerly direction on SR81, Penn Township, with the vehicle following the flow of traffic. 5. Plaintiff drove over an unknown object which breached the bottom of his car and/or the interior of the gearshift column of the 2006 Honda Civic EX Navigation causing the gearshift column to explode, that Plaintiff was driving. 6. The breech of the interior gearshift column resulted in Plaintiff having open multiple fractures of his right hand,and having emergency surgery of his right hand. Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 13 of 15 COUNT ONE Jarrett P. Pedalino V. American Honda Motor Co., Inc. Strict Liability 7. Paragraphs 1 through 6 of Plaintiffs Complaint are incorporated by reference herein as if set forth in full. 8. Upon information and belief, the accident wherein plaintiff was injured, was caused by the defective nature of the Honda Civic EX Navigation, which defect existed at the time the vehicle's gearshift column exploded and rendered said vehicle unreasonably dangerous for its intended use, and to other drivers on the road, such as plaintiff. 9. As the result of the defective nature of the gearshift column, defendant is strictly liable to plaintiff pursuant to § 402A of the Restatement (Second) of Torts for the following reasons: (a) failing to properly and adequately design the gearshift column system; (b) failing to properly and adequately manufacture the gearshift column system; (c) other defects as may become evident through the course of discovery or trial. (d) failing to shield the driver from roadside debris penetrating the under carriage and breeching the passenger compartment. 10. As the direct result of the defects as described above, plaintiff suffered injury to his right hand. WHEREFORE, plaintiff demands that judgment be entered against defendant and for plaintiff in an amount not excess of $74,999.00 exclusive of interest and costs. Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 14 of 15 COUNT TWO Jarrett P. Pedalino V. American Honda Motor Co., Inc. Negligence 11. Paragraphs 1 through 10 of Plaintiffs Complaint are incorporated by reference herein as if set forth in full. 12. The negligence of defendant consisted of (a) failing to discover the defect in the gearshift column system when defendant knew or should have known that such a defect existed; (b) failing to take steps necessary to harden and make the undercarriage safe to protect against intrusion by road debris. 13. As the direct result of defendant's negligence, plaintiff suffered severe and permanent injuries as more fully described above. WHEREFORE, plaintiff demands that judgment be entered against defendant and for plaintiff in an amount in excess of $74,999.00 exclusive of interest and costs. Respectfully Submitted, Rominger & Associates Date: September 3, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Case 1:08-cv-01819-JMM Document 1 Filed 10/02/2008 Page 15 of 15 JARRETT P. PEDALINO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :NO: 08-4674 AMERICAN HONDA MOTOR CO., INC. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the within Complaint upon the following by depositing the same in the United States Mail, first class, postage prepaid, addressed as follows: Tiffany Alexander, Esquire CAMPBELL, CAMBELL, EDWARDS, CONROY 690 Lee Road, Suite 300 Wayne, Pennsylvania 19080 Date: September 3, 2008 Respectfully Submitted, Rominger & Associates Karl E.-Roninger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff w, t ":3 L..`1 r ? f7"i ;Ell _i m?