HomeMy WebLinkAbout08-7134BOB MATOVIC AND
SNEZANA MATOVIC,
Plaintiffs
V.
AIRGAS - EAST, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. G$ '7, 6q
CIVIL ACTION - LAW
NOTICE
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 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 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 S. Bedford Street
Carlisle PA 17013
(800) 990-9108
Richar . reeburn, Esquire
FREEBURN & HAMILTON, PC
4415 North Front Street
Harrisburg PA 17110
(717) 671-1955
I.D. #30965
Date: 12/02/08 Attorney for Plaintiffs
BOB MATOVIC AND
SNEZANA MATOVIC,
Plaintiffs
V.
AIRGAS - EAST, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL ACTION - LAW
NOTICE
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir
de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en
persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a
las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por
cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o
sus propiedades o otros derechos importantes para usted.
LISTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE
COMO CONSEQUIR UN ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle PA 17013
(800) 990-9108
Richard . Freeburn, Esquire
FREEBURN & HAMILTON, PC
4415 North Front Street
Harrisburg PA 17110
(717) 671-1955
I.D. #30965
Date: 12/02/08 Attorney for Plaintiffs
Richard E. Freebum, Esquire
FREEBURN & HAMILTON, PC
ID No. 30965
4415 North Front Street
Harrisburg PA 17110
(717) 671-1955
freebum@pa-injurylawyer.com
BOB MATOVIC AND
SNEZANA MATOVIC,
Plaintiffs
V.
AIRGAS - EAST, INC.,
Defendant
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 F- 7?3
CIVIL ACTION - LAW
COMPLAINT
AND NOW, come Plaintiffs, Bob Matovic and Snezana Matovic, by their attorneys,
Freeburn & Hamilton, PC, and file the following Complaint:
1. Plaintiff, Bob Matovic, and his wife, Snezana Matovic, are adult individuals who
reside at 5 Farview Avenue, Carlisle, Cumberland County, Pennsylvania.
2. Defendant, Airgas - East, Inc., is a corporation with a place of business at 259
North Radnor Chester Road, Ste. 100, Radnor, Delaware County, Pennsylvania, 19087.
3. The facts and occurrences hereinafter related took place on or about February 9,
2007, at approximately 8:00 a.m. at Grandview Surgery Center, 179 Lancaster Boulevard,
Mechanicsburg, Cumberland County, Pennsylvania.
4. At or about that time and place, Plaintiff, Bob Matovic, was employed at
Grandview Surgery Center.
5. At or about that time and place, an employee of Defendant, Airgas - East, Inc.
was unloading a large, heavy tank from Defendant's truck at the Grandview Surgery Center.
6. At or about that time and place, the employee of Defendant, Airgas - East, Inc.,
failed to take appropriate measures to prevent the large, heavy tank from falling.
7. At or about that time and place, the large heavy tank fell and struck Plaintiff, Bob
Matovic, who was standing near Defendant's truck.
8. The foregoing incident and all of the injuries and damages set forth hereinafter
suffered by Plaintiffs, Bob Matovic and Snezana Matovic, are the direct and proximate. result of
the negligence, carelessness, wantonness and recklessness of Defendant's employee as set
forth above and as follows:
a. In failing to have proper and adequate control over the large, heavy tank
that he was delivering;
b. In failing to observe Plaintiff;
C. In failing to warn Plaintiff;
d. In failing to secure the large, heavy tank;
e. In failing to take proper measures to prevent the tank from falling;
f. In allowing the tank to fall;
g. In failing to take proper measures to prevent the tank from striking
Plaintiff; and
h. In failing to keep a reasonable look-out for Plaintiff.
9. By reason of the aforesaid incident, Plaintiff, Bob Matovic suffered painful and
severe injuries to his nerves, bones and soft tissues which include, but are not limited to back
and knee injuries.
10. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, suffered a
heightened possibility that he will suffer other or additional injury in the future, and claim is made
therefore.
2
11. The aforesaid collision and injuries suffered by Plaintiff, Bob Matovic may have
aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a
prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and
claim is made therefore.
12. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has been
forced to incur liability for reasonable and necessary medical tests, medical examinations,
medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose
his injuries and to restore him to health, and claim is made therefore.
13. Plaintiff, Bob Matovic has not fully recovered from his injuries and it is reasonably
likely that he will incur similar expenses in the future, and claim is made therefore.
14. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has
suffered a loss of earnings and earning capacity and is entitled to recover the value of the time,
earnings and employment benefits he has lost and which he might reasonably have earned in
the pursuit of his ordinary calling, and claim is made therefore.
15. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has
suffered a loss or impairment of future earning capacity, and claim is made therefore.
16. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has
incurred incidental costs and expenses the exact amount of which cannot be ascertained at this
time, and claim is made therefore.
17. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has
undergone and in the future will undergo great physical and mental pain and suffering, great
inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and
claim is made therefore.
18. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has been
subjected to severe humiliation, embarrassment, shame, worry and anger.
3
19. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has been
subjected to severe mental anguish, emotional distress, nervous shock, fright and horror.
20. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, will
continue to endure great mental anguish, emotional distress, shame, worry and anger in the
future.
21. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has been
deprived his enjoyment of the pleasures of life.
22. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, continues
to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a
permanent nature, causing residual problems for the remainder of his lifetime, and claim is
made therefore.
23. By reason of the aforesaid collision and injuries, Plaintiff, Bob Matovic, has
suffered a disfigurement, and claim is made therefore.
COUNT I - VICARIOUS LIABILITY
Bob Matovic. Plaintiff v. Aircas - East, Inc., Defendant
24. Paragraphs 1-23 are incorporated herein by reference thereto.
25. Defendant, Airgas - East, Inc., is liable for the negligent and wrongful actions of
its employee as set forth above.
WHEREFORE, Plaintiff, Bob Matovic, demands judgment in his favor and against
Defendant, Airgas - East, Inc., in an amount in excess of FIFTY & 00/100 ($50,000.00)
DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
4
COUNT II - NEGLIGENCE
Bob Matovic. Plaintiff v. Airgas - East. Inc.. Defendant
26. Paragraphs 1-25 are incorporated herein by reference thereto.
27. The foregoing incident and all of the injuries and damages set forth hereinafter
suffered by Plaintiffs, Bob Matovic and Snezana Matovic, are the direct and proximate result of
the negligence, carelessness, wantonness and recklessness of Defendant, Airgas - East, Inc.
as set forth above and as follows:
a. In hiring an employee who was not capable or competent;
b. In failing to adequately manage and, supervise its employee;
C. In failing to adequately train and instruct its employee;
d. In failing to provide proper, appropriate or adequate equipment to safely
unload the large heavy tank that fell and injured Plaintiff; and
e. In failing to properly, or adequately inspect its equipment to ensure that it
was safe and adequate for the purpose of safely unloading the large
heavy tank that fell and injured Plaintiff.
WHEREFORE, Plaintiff, Bob Matovic, demands judgment in his favor and against
Defendant, Airgas - East, Inc., in an amount in excess of FIFTY & 00/100 ($50,000.00)
DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
COUNT III - LOSS OF CONSORTIUM
Snezana Matovic. Plaintiff v. Airoas - East. Inc.. Defendant
28. Paragraphs 1-27 are incorporated herein by reference thereto.
29. As a result of the aforementioned injuries suffered by her husband, Bob Matovic,
Plaintiff, Snezana Matovic, has been and may in the future be deprived of the aid, assistance,
comfort, care, companionship, society and consortium of her husband, all of which will be of
great detriment, and claim is made therefore.
5
30. As a result of the aforementioned injuries suffered by her husband, Bob Matovic,
Plaintiff, Snezana Matovic, has incurred expenses and/or liability for the reasonable and
necessary medical tests, medical examinations, medical treatment, medications,
hospitalizations and similar expenses in an effort to diagnose his injuries and to restore him to
health, and claim is made therefore.
WHEREFORE, Plaintiff, Snezana Matovic, demands judgment in her favor and against
Defendant, Airgas - East, Inc., in an amount in excess of FIFTY THOUSAND & 00/100
($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional
amount requiring compulsory arbitration.
Respectfully Submitted,
FREEBURN & HAMILTON, PC
By: C
Richard E. e u squire
I.D. No. 30965
4415 North Front Street
Harrisburg PA 17110
(717) 671-1955
Date: 12/02/08 Counsel for Plaintiffs
6
VERIFICATION
We hereby verify that the statements in the foregoing document are true
and correct. We understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
. /1?
I1-26-4 J
9
Dated:
Bo Matovic
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Snezana Matovic
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Richard E. Freebum, Esquire
FREEBURN & HAMILTON, PC
ID No. 30965
4415 North Front Street
Harrisburg PA 17110
(717) 671-1955
freebum@pa-injurylawyer.com
Attorney for Plaintiffs
BOB MATOVIC AND
SNEZANA MATOVIC,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-7134
V.
AIRGAS - EAST, INC.,
Defendant
CIVIL ACTION - LAW
PRAECIPE
TO: Prothonotary
Kindly reinstate Plaintiffs' Complaint in this matter.
Respectfully submitted,
FREEBURN & HAMILTON, PC
By:
Richard E. Freeburn, Esquire
I . D. No. 30965
4415 North Front Street
Harrisburg, PA 17110
(717) 671-1955
Dated: 01/06/09 Attorney for Plaintiffs
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BOB MATOVIC AND
SNEZANA MATOVIC,
Plaintiffs
NO. 08-7134
V.
AIRGAS - EAST, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PRAECIPE
TO: Prothonotary
Kindly mark the above-captioned matter discontinued.
Respectfully submitted,
FREEBURN & HAMILTON, PC
By:
Richard E. Freeburn, squire
I.D. No. 30965
4415 North Front Street
Harrisburg, PA 17110
(717) 671-1955
Date: 02/11/10 Attorney for Plaintiffs
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Praecipe has been
duly served on the following this 11th day of February, 2010, by placing the same in the
U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as
follows:
Garth G. Hoyt, Esquire
MCCAUSLAND KEEN & BUCKMAN
259 N. Radnor-Chester Road, Ste. 160
Radnor PA 19087-5257
BY: '_. '?J_ /?'
Georgianne(J. Hess, AssL4tant to
Richard E. Freeburn, Esquire
Attorney I.D. #30965
FREEBURN & HAMILTON
4415 North Front Street
Harrisburg, PA 17110
(717) 671-1955
Dated: 02/11/10 Attorney for Plaintiffs