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Home My WebLink About09-0050BOB MATOVIC AND SNEZANA MATOVIC , Plaintiffs v. AIRGAS -EAST, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q5 - (j 0 ~0 c rf~ I -F-cl nti 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 Richard . Freebum, Esquire FREEBORN & 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 presenter ua apariencia esrita o en persona o por abogado y archivar en la Corte en forma escrita sus defenses 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 0 sus propiedades o otros derechos importantes pars usted. LISTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI LISTED 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 E. Freeburn, Esquire FREEBORN & 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 FREEBORN 8~ 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 IN THE COURT OF COMMON PLEAS SNEZANA MATOVIC , :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. (~ ~ - ~d c dv ~ ~ ~ t1w~ v. CIVIL ACTION -LAW AIRGAS -EAST, INC., Defendant : 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 Delaware corporation with a place of business at 27 Northwestern Drive, Salem, New Hampshire 03079. 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. fn 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. 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. 2 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 eamings and eaming capacity and is entitled to recover the value of the time, eamings 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 eaming 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. 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. 3 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. Airgas -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 THOUSAND & 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. Airs~as - Eaat. 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, gross 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 retaining an employee who was not capable or competent; c. In failing to adequately manage and supervise its employee; d. In failing to adequately train, educate and instruct its employee; e. In failing to provide proper, appropriate or adequate vehicle and/or equipment to safely unload the large heavy tank that fell and injured Plaintiff; f. In failing to properly, or adequately inspect its vehicle, equipment or devices to ensure that it was safe and adequate for the purpose of safely unloading the large heavy tank that fell and injured Plaintiff; g. In failing to provide a safety program for its employees; h. In failing to ensure that its employees were familiar with and practicing safe and proper techniques for unloading the large heavy tank that fell and injured Plaintiff; and i. In failing to enforce its policies, rules and regulations. WHEREFORE, Plaintiff, Bob Matovic, demands judgment in his 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. 5 COUNT III -LOSS OF CONSORTIUM Snezana Matovic, Plaintiff v. Airs~as - Easy 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. 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, FREEBORN 8~ HAMILTON, PC By: ~t Richard E. Freebum, Esquire ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 01/06/2009 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 unswom falsification to authorities. .~ , Dated: I Q - Z S ~ ~'"'` Bo Matovic ~G ~vtrlG Snezana Matovic ~ ~. __ V ,~ ~. V/ 1 1 ~ Q ~ _C N r- _ ~, ~-a ;-~ _ n :. ! Cj 1 ;'~, ~ } f ~ ~ ` -pJ -t-. ~j7~~ ~Jj ~\ ~./ ~~ ~~r :~~ ... r~,