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HomeMy WebLinkAbout08-6209fe WILLIAM T. BAIR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ® Fr-- (? 0 c rr ; l -( HERRE BROS. INC., : CIVIL ACTION - LAW Defendant PERSONAL INJURY JURY TRIAL DEMANDED PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons on the above named Defendant at the following address: Herre Bros., Inc. 4417 Valley Road Enola, PA 17025 Respectfully submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. Date: IO I'I D? 1)),l1W M. Michael M. Jerominski, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101 Attorney I.D. No. 92977 (717) 236-9391 r WILLIAM T. BAIR, Plaintiff V. HERRE BROS. INC., Defendant To: Herre Bros. Inc. 4417 Valley Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED You are hereby notified that William T. Bair has commenced an action against you. Date: &4-dLer "2oes- s/ ei" /' Al Prothonotary all Deputy C'3 ^w ?9 rry cn, rlo C' I 3 rll-I SHERIFF'S RETURN - REGULAR CASE NO: 2008-06209 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAIR WILLIAM T HERRE BROS INC VS NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS HERRE BROS INC DEFENDANT the at 0013:50 HOURS, on the 23rd day of October , 2008 at 4417 VALLEY ROAD ENOLA, PA 17025 by handing to GAYLE ROBERTS-HOWELL VICE PRESIDENT OF ACCOUNTING a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.00 Affidavit .00 Surcharge 10.00 Postage /o%t/ lor 42 41.42 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/24/2008 FOREMAN FOREMAN CARACIOLO By: D puty Sheriff was served upon of A. D. r w WILLIAM T. BAIR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6209 HERRE BROS. INC., : CIVIL ACTION - LAW Defendant PERSONAL INJURY JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, by and through his attorneys, Michael M. Jerominski, Esquire and Foreman, Foreman, & Caraciolo, P.C., and file this Complaint in Civil Action whereof the following is a statement: 1. Plaintiff is an adult individual residing at 538 S. 17th Street, Harrisburg, Dauphin County, PA 17104. 2. Defendant is Herre Bros., Inc., a Pennsylvania corporation with their primary place of business located at 4417 Valley Road, Enola, PA 17025. 3. On or about the morning of October 23, 2006, while working for Herre Bros., Inc. at the Central Dauphin High School, Plaintiff was asked to adjust a fork on a forklift in order to take off the skids. 4. Also on or about the morning of October 23, 2006, at the above location, after being asked to adjust the fork, Plaintiff asked the forklift operator if such an adjustment was feasible given the size of the lift. 5. Also on or about the morning of October 23, 2006, at the above location, Plaintiff performed the adjustment on the fork, said adjustment resulting in the crushing of Plaintiff's right ring finger, necessitating the amputation of approximately one half inch of the Plaintiff's right ring finger. 6. Solely by reason of Defendant's negligence, and as its direct proximate result, Plaintiff suffered the crushing and subsequent amputation of his right ring finger. Various muscles, ligaments, membranes, nerves, blood vessels, and tissues of Plaintiff's right ring finger were torn, cut, bruised, and injured. The function of Plaintiff's right ring finger is impaired. By reason of the facts set forth above, Plaintiff became sore, disabled, and remained so to the present time. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that Plaintiff's injuries, pain, and disability will continue for a long time in the future and will be permanent, all to Plaintiff's damage in the sum of Fifty Thousand Dollars ($50,000.00). 7. The injuries alleged in this complaint were caused without any negligence on the part of Plaintiff, but solely by the negligence of Defendant, who failed to act with due care by failing to procure and direct the safe use of safe equipment. 8. Defendant was grossly negligent in failing to procure and direct the safe use of safe equipment, despite the obvious danger to the Plaintiff, and despite the fact that the Defendant well knew that by the above grossly negligent conduct, Defendant was unreasonable exposing Plaintiff to the obvious danger. r' 9. Defendant did willfully and with wanton and reckless disregard for Plaintiff's safety procure and direct the safe use of safe equipment, without warning Plaintiff or attempting in any way to avert injury to Plaintiff, and with full knowledge that by the above conduct Defendant was unreasonably exposing Plaintiff to probable serious harm; and Defendant thereby wantonly and recklessly disregarded the probable consequences to Plaintiff of the above conduct. 10. The Plaintiff sustained various severe injuries and suffered damages causing great pain and suffering as a direct result of the negligence of Defendant. 11. As the direct and proximate result of the negligent, careless, reckless, and wanton behavior of the Defendant, the Plaintiff suffered the following injuries: a. Complex lacerations to the right ring finger; b. Nailbed laceration to the right ring finger; C. Germinal matrix, tuftal fracture, open fracture to right ring finger; d. Open comminuted fracture to the right ring finger with exposed bone; e. General muscle pain and soreness. 12. As a direct and proximate result of the negligence of the Defendant, Plaintiff has suffered and/or suffers and/or may continue to suffer r' shock and injury to the nerves and nervous system, right ring finger, and/or may continue to suffer emotional distress. 13. As a direct and proximate result of the negligence of the Defendant, Plaintiff have been deprived of and will continue to be deprived of the ordinary pleasures of life. 14. As a direct and proximate result of the negligence of the Defendant, Plaintiffs has unreimbursed medical expenses. 15. As a direct and proximate result of the negligence of the Defendant, Plaintiff may be compelled to spend additional monies for medical aid, medicine, physical therapy and the like. 16. As a direct and proximate result of the negligence of the Defendant, Plaintiff has suffered and will continue to suffer from lameness and loss of mobility during the future duration of his life. 17. As a direct and proximate result of the negligence of the Defendant, Plaintiff has suffered and/or may continue to suffer physical and/or mental anguish, pain, suffering, and inconvenience. WHEREFORE, Plaintiff William T. Bair demands judgment against the Defendant in the amount of $50,000, said amount being above the statutory limit for arbitration in Cumberland County. Respectfully submitted, Foreman, Foreman & Caraciolo, P.C. Date: In 109 *f MICHAEL M. JEROMINSKI, ESQUIRE 112 Market Street, Sixth Floor Harrisburg, PA 17101 (717) 236-9391 I.D. #92977 Attorneys for Plaintiffs WILLIAM T. BAIR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6209 HERRE BROS. INC., : CIVIL ACTION - LAW Defendant PERSONAL INJURY JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this 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. Date: Z- 6 10,;6 1 B C Signature: WILLIAM T. BAIR WILLIAM T. BAIR, Plaintiff V. HERRE BROS. INC., Defendant CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6209 CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED I, Michael M. Jerominski, Esquire, do hereby certify that on this, the 2? day of January, 2009, I served a true and correct copy of the foregoing document by sending the same by First Class U.S. mail, postage prepaid, registered mail, addressed as follows: Herre Bros. Inc. Attn: Gayle Roberts-Howell 4417 Valley Road Enola, PA 17025 Respectfully submitted, FOREMAN, FOREMAN & CARACIOLO, PC Michael M. Jerominski, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Attorney ID No. 92977 r?? r..,, r ';1 _. . .? W t,,,_ . -y ,_ _ -'r? ? i :? ; ?.... ..,,.. ?.,.? - Cf:? ' , ~. . ,?. : r ,-; ...... 1 C::?r ?<: THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 WILLIAM T. BAIR. Plaintiff Mark J. Powell, Esquire Attorney I.D.87582 Corey J. Adamson, Esquire Attorney I.D. No. 204508 717-255-7645 Attorneys for Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HERRE BROS., INC.. Defendant :NO. 08-6209 CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Herre Bros., Inc., by and through its counsel, Thomas, Thomas & Hafer, LLP, and respectfully files the instant Preliminary Objections to Plaintiff's Complaint, stating and averring as follows: 1. Plaintiff commenced this action via a Writ of Summons on or about October 17, 2008. 2. Plaintiff thereafter filed his Complaint on or about January 28, 20091. 3. In his Complaint, Plaintiff alleges that he was injured, on the job, while working for his employer, Defendant Herre Bros., Inc. ("Herre Bros."). Complaint, ¶3. ' All Exhibits will be attached to Defendant's Brief. FIRST PRELIMINARY OBJECTION: DEMURRER PURSUANT TO PA.R.C.P.1028(A)(4) 4. Herre Bros. incorporates paragraphs 1 through 3 by reference as if the same were set forth fully at length herein. 5. Pa.R.C.P. 1028(a)(4) provides that a defendant may file a Preliminary Objection in the nature of a demurrer where a Complaint lacks legal sufficiency. 6. Pursuant to the Workers' Compensation Statute, an employee who is injured on the job is precluded from suing his employer for his work-related injuries, and his sole remedy is through the Workers' Compensation Act. 77 P.S. §481. 7. Moreover, Plaintiff made a claim for Workers' Compensation Benefits, and accepted benefits paid to him under that claim. 8. As Plaintiffs alleged injury occurred during the course and scope of his employment with Herre Bros., Plaintiff's instant suit is barred. See, M.., Vosburg v. Connolly, 591 A.2d 1128 (Pa. Super. 1991). 9. Accordingly, as Plaintiff cannot maintain a civil suit against his employer for his employment-related injuries, his Complaint must be dismissed. SECOND PRELIMINARY OBJECTION: FAILURE TO CONFORM TO LAW OR RULE OF COURT PURSUANT TO PA.R.C.P. 1028(A)(2) 10. Herre Bros. incorporates paragraphs 1 through 9 by reference as if the same were set forth fully at length herein. 11. Pursuant to Pa.R.C.P. 1028(a)(2), a defendant may file a Preliminary Objection where a Complaint fails to conform to law or rule of court. 12. Numerous paragraphs in Plaintiff s Complaint contain multiple averments of fact. 13. For example, Paragraph 6 of Plaintiff's Complaint states: 2 6. Solely by reason of Defendant's negligence, and as its direct proximate result, Plaintiff suffered the crushing and subsequent amputation of his right ring finger. Various muscles, ligaments, membranes, nerves, blood vessels, and tissues of Plaintiff's right ring finger were torn, cut, bruised, and injured. The function of Plaintiff's right ring finger is impaired. By reason of the facts set forth above, Plaintiff became sore, disabled, and remained [sic] so to the present time. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that Plaintiffs injuries, pain, and disability will continue for a long time in the future and will be permanent, all to Plaintiffs damage in the sum of Fifty Thousand Dollars ($50,000). 14. Pa.R.C.P. 1022 commands that every pleading shall be divided into consecutively numbered paragraphs, and each paragraph is to contain only one material allegation. 15. Plaintiff's Complaint is full of violations of Pa.R.C.P. 1022's mandate of single averment paragraphs. 16. These paragraphs are essentially narratives that contain multiple material allegations in a single paragraph. 17. Plaintiffs Complaint should be dismissed for failure to conform to law or rule of court. 18. Alternatively, Plaintiff should be ordered to plead over, separating the compound paragraphs into paragraphs each containing a single material allegation. THIRD PRELIMINARY OBJECTION: INSUFFICIENT SPECIFICITY PURSUANT TO PA.R.C.P. 1028(A)(3)/FAILURE TO CONFORM TO LAW OR RULE OF COURT PURSUANT TO PA.R.C.P. 1028(A)(2) 19. Herre Bros. incorporates paragraphs 1 through 18 by reference as if the same were set forth fully at length herein. 20. Pursuant to Pa.R.C.P. 1028(a)(3), a defendant may file a Preliminary Objection when a Complaint is insufficiently specific. 21. Paragraph 10 of Plaintiff's Complaint alleges that "Plaintiff sustained various severe injuries and suffered damages causing great pain and suffering..." 3 22. Pa.R.C.P. 1019(a) provides that a complaint must not only allege all the material facts upon which a cause of action lies, but it must plead each fact in a concise and summary form. 23. A defendant may file preliminary objections and move to strike off an insufficient statement, or may obtain a rule for a more specific statement. Connor v. Allegheny Gen. Hosp., 461 A.2d 600, 603 n.3 (Pa. 1983). 24. Plaintiff s allegation of "various severe injuries" is insufficiently specific to allow Defendant to respond. 25. Plaintiff's use of the overly broad, catch-all "various severe injuries" phrase is extremely prejudicial to Herre Bros., as Plaintiff may use this language to amend his damages claim long after the applicable Statute of Limitations has expired. 26. Accordingly, the phrase "various severe injuries" should be stricken from Plaintiff's Complaint. WHEREFORE, Defendant Herre Bros., Inc. respectfully requests this Honorable Court sustain its Preliminary Objections, and enter an Order in the form proposed. Respectfully submitted, Date: February 17, 2009 By: orne I.D. No. 87582 ore . Adamson, Esquire L-Aefforney I.D. No. 204508 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 667773.1 (717) 255-7645 4 CERTIFICATE OF SERVICE I, COREY J. ADAMSON, of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the. same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael M. Jerominski, Esq. FOREMAN, FOREMAN & CARACIOLO, P.C. 112 Market Street, 6 h Floor Harrisburg, PA 17101 ATTORNEY FOR PLAINTIFF Date: February 11, 2009 667773.1 5 c, ? c7 c_ r; °n -?._ w ;,? _, r? -, t_ - _ ?, - ?, `? .;': ; ` r-r --? .. ..?. ?.?, _< ?. ?. L Ab- THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 WILLIAM T. BAIR. Plaintiff V. HERRE BROS., INC.. Defendant Mark J. Powell, Esquire Attorney I.D.87582 Corey J. Adamson, Esquire Attorney I.D. No. 204508 717-255-7645 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-6209 : CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please kindly enter our appearance on behalf of Defendant Herre Bros., Inc. Respectfully submitted, Date: a I 3/'q 7 667771.1 By: Par -ell, Esquire y I.D. No. 87582 J. Adamson, Esquire ey I.D. No. 204508 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717) 255-7645 A- CERTIFICATE OF SERVICE I, COREY J. ADAMSON, of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael M. Jerominski, Esq. FOREMAN, FOREMAN & CARACIOLO, P.C. 112 Market Street, 6t' Floor Harrisburg, PA 17101 ATTORNEY FOR PLAINTIFF Date: ? v? 0 I 667771.1 2 ?-- rv C t? 7 '7 -r-t rri - i J?l ;w `h 0- THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 WILLIAM T. BAIR. Plaintiff V. HERRE BROS., INC.. Defendant Mark J. Powell, Esquire Attorney I.D.87582 Corey J. Adamson, Esquire Attorney I.D. No. 204508 717-255-7645 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-6209 : CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED TO: PROTHONOTARY: Please list Defendant Herr Bros., Inc.'s Preliminary Objections to Plaintiff's Complaint for oral argument for the March 18, 2009 Argument Court session. 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant Herr Bros., Inc.'s Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who will argue case: (a) for Plaintiff: Michael M. Jerominski, Esquire address: Foreman, Foreman & Caracoilo, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 (b) for Defendant: Corey J. Adamson, Esquire address: Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 18, 2008 Da,. ala???`1 671559.1 By: LLP Maz Well, Esquire Ze yI.D. No. 87582 y J. Adamson, Esquire Attorney I.D. No. 204508 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717) 255-7645 CERTIFICATE OF SERVICE I, COREY J. ADAMSON, of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Michael M. Jerominski, Esq. FOREMAN, FOREMAN & CARACIOLO, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 ATTORNEY FOR PLAINTIFF Date: 671559.1 (?°? xv ?.? :..,? r 4? ?E? ?w,, _ ?# f? y !? j.-.. ?f5 7 ?r-' ?`'? " ,,y " " ? y" ? , i?z , , - . <. 1_.. _ ; rti. ^ - „l ? "'?"t ? ,`? . i -.? ?. WILLIAM T. BAIR, Plaintiff V. HERRE BROS. INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6209 CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED To the Prothonotary: PRAECIPE TO WITHDRAW COMPLAINT Please withdraw the Writ of Summons and Complaint filed in the above captioned matter and mark the file closed. Respectfully submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. Date: ?y Af-of * Michael M. Jerominski, Esquire Attorney for Defendant 112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Attorney ID No. 92977 WILLIAM T. BAIR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6209 HERRE BROS. INC., : CIVIL ACTION - LAW Defendant PERSONAL INJURY JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: Corey J. Adamson Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. Date: Won Michael M. Jerominski, Esquire Attorney for Defendant 112 Market Street, 6th Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Attorney ID No. 92977 r?a c? ` -c .. r cry wit .u c?