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HomeMy WebLinkAbout09-8418HAGELGANS & VERONIS Nicholas A. Veronis, Esquire Identification No.: 46523 223 N. Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAURA A. and BRIAN C. FRY, 1755 Milton Grove Road .- Mount Joy, PA 17552 OQ ` $4l$ w?l I ertn Plaintiffs VS. Civil Action No.: CI-09- PENSKE TRUCK LEASING CO., L.P., and LIT INDUSTRIAL, LTD. Defendants . JURY TRIAL DEMANDED 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 with 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(s). You may lose money or property or other rights that are 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, Pennsylvania 17013 Telephone No.: (717) 249-3166 or 1-800-990-9108 BY: Date: /,z-'3 -0-' HAG G S & VE NIS ?o N h las A. Veronis Attorney for Plaintiffs Attorney I.D. No.: 46523 223 North Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 HAGELGANS & VERONIS Nicholas A. Veronis, Esquire Identification No.: 46523 223 North Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAURA A. and BRIAN C. FRY, . 1755 Milton Grove Road Mount Joy, PA 17552 . Plaintiffs VS. Civil Action No.: CI-09- PENSKE TRUCK LEASING CO., L.P., and LIT INDUSTRIAL, LTD. Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Maura A. and Brian C. Fry, (hereinafter referred to as "Plaintiffs Fry"), are adult individuals and husband and wife residing at 1755 Milton Grove Road, Mount Joy, Pennsylvania 17552. 2. Defendant, Penske Truck Leasing Co., L.P., (hereinafter referred to as "Defendant Penske") is a corporation believed to be incorporated in the Commonwealth of Pennsylvania with a principal place of business located at 6 Logistics Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, LIT Industrial Ltd., (hereinafter referred to as "Defendant LIT"), is a Delaware partnership with a principal place of business located at 3141 Hood Street, Suite 700, Dallas, Texas 75219. 4. On or about August 5, 2008, Plaintiff, Brian C. Fry, was working in his capacity as a self-employed tractor-trailer driver and was assigned by Defendant Penske to pick up a loaded trailer at 6 Logistics Drive in Carlisle, Pennsylvania 17013 (hereinafter referred to as the "subject property"). 5. At the foregoing time and place, Plaintiffs believe and therefore aver that the subject property was leased and/or under the supervision and control of Defendant Penske and/or owned by Defendant, LIT. 6. Plaintiff, Brian C. Fry, was picking up a load at night in an area where he was instructed to hook up his tractor to a trailer on a designated concrete landing pad made available by Defendant Penske. 7. At the foregoing time and place, Plaintiff Fry, while hooking up his tractor-trailer, walked several feet off of the landing pad to go around his truck and stepped into a hole which was close to the concrete landing pad causing him to injure his left leg and knee. 8. At the foregoing time and place, when Plaintiff Fry stepped into the hole, the area was very poorly lit and there was no way Plaintiff could discern that there was a dangerous and unreasonable condition on the "subject property" controlled by Defendant Penske and/or owned by Defendant, LIT. 9. As a result of the unreasonably dangerous condition maintained by Defendants on the subject property located at 6 Logistics Drive, Carlisle, Pennsylvania, Plaintiff Fry sustained serious injury to his left leg and knee. 10. At all times relevant hereto, Defendants, Penske and LIT, Ltd., had actual and/or constructive notice of the hole on the subject property and took no actions to remove or correct the unreasonably dangerous condition on the "subject property" despite knowing that independent truckers such as Plaintiff Fry would walk and work on the "subject property". 2 11. At all times relevant hereto Plaintiff Fry was a "business invitee" of Defendants and was permitted to go on the "subject property" to hook up his tractor with said trailers. PLAINTIFFS, MAURA A. AND BRUN_C. FRY vs. DEFENDANT, PENSKE TRUCK LEASING CO., L.P. NEGLIGENCE 12. Paragraphs 1 through 11 of Plaintiffs' Complaint are incorporated by reference as though set forth in their entirety herein. 13. Defendant Penske was negligent, careless, and reckless in causing the accident sustained by Plaintiff Fry on August 5, 2008 in one or more of the following particulars: (a) In creating and allowing an unreasonably dangerous condition including a hole to exist in an area in close proximity to the landing pad when it knew truckers such as Plaintiff Fry would be using said area to hook up their tractors to trailers; (b) In failing to regard the rights, safety, and position of the Plaintiff in and about an area in which Defendant knew truckers such as Plaintiff Fry would be using to hook up their trailers; (c) In permitting an unreasonably dangerous condition to exist on or about Defendant's premises where the Defendant knew or should have known that persons would be subject to walking in said hole and sustaining injury; (d) In failing to inspect, maintain, and/or repair holes on property which was under Defendant's control and/or ownership so as to permit a dangerous condition to exist which could subject truckers including Plaintiff Fry to injury; 3 (e) In failing to properly illuminate and provide adequate lighting in the area of the foregoing accident; (f) In failing to fill in and/or remove holes in the area of the foregoing accident in a reasonable, adequate, and prudent manner; (g) In failing to issue adequate warnings either, verbal or written, to persons such as Plaintiff Fry who would likely encounter the dangerous condition in hooking up his tractor to trailers; (h) In permitting and allowing business invitees, like Plaintiff Fry, to walk and ambulate in and about the area of the "subject accident" when said Defendant knew or should have known of the dangerous condition on its property; (i) In failing to post adequate warning signs, warning cones, illumination warnings, barriers, and/or some type of barricade in an effort to alert persons including Plaintiff Fry of the dangerous condition that existed on the "subject property"; 0) In failing to utilize reasonable care in the inspection, maintenance, and/or repair of the premises; (k) In failing to request, institute, and/or supervise periodic inspections of the "subject property" so as to discover conditions that would be dangerous to persons such as Plaintiff Fry who were using the property with Defendant's permission; (1) In failing to utilize reasonable care in the inspection, maintenance, and/or repair of the hole in the area where Plaintiff fell; (m) In failing to request, institute, and/or supervise periodic inspections of the lighting in the area where Plaintiff fell; 4 (n) In failing to keep reasonable, adequate, and organized maintenance, inspection and/or logs of the condition of the area where Plaintiff fell; and (o) In failing to place proper lighting in the area of the landing pad where Plaintiff fell so Plaintiff could have seen the hole which he fell in. 14. The accident and injuries hereinafter set forth were caused solely by the negligence of Defendant, Penske, and were in no way due to any act or failure to act on the part of Plaintiff Fry, who was merely carrying out his job duties as an independent trucker in an area designated by Defendant that was poorly lit and in an area which had an unreasonably dangerous condition unknown to Plaintiff Fry. 15. At all times relevant hereto, Plaintiff Fry was a business invitee of Defendant and as such was entitled to all rights afforded by business invitees under Pennsylvania law. 16. As a direct and proximate result of the foregoing negligence of Defendant Penske, Plaintiff, Brian C. Fry, sustained personal injuries to his left leg and knee, including but not limited to the following: (a) Injury to his left knee including damage to the cartilage, ligaments, bones, and muscles of his left knee resulting in the need for three separate surgeries performed on November 7, 2008, March 6, 2009, and June 8, 2009; (b) A permanent partial impairment and disability to his left knee as a result of his three surgeries which may result in the need for a future knee replacement; (c) Permanent scarring and disfigurement to his left knee from the three surgeries; (d) Injuries to the muscles, bones, ligaments, tendons, and nerves of his left knee; and 5 (e) Various abrasions and contusions. 17. As a direct and proximate result of the foregoing accident and resulting injuries, Plaintiff Fry, has suffered and will continue to suffer pain, discomfort, humiliation, inconvenience, loss of enjoyment of life, permanent scarring and disfigurement, and a permanent partial impairment and disability, for all of which excess damages are claimed. 18. As a direct and proximate result of the foregoing accident and resulting injuries, Plaintiff Fry has incurred medical and hospital bills in excess of $40,000.00 and may in the future incur additional medical expenses which are deemed recoverable under Pennsylvania law and for all of which excess damages are claimed. 19. As a direct and proximate result of the foregoing accident and resulting injuries, Plaintiff Fry, has incurred lost wages since the accident in excess of $71,224.40, has suffered a loss of earning capacity and may in the future continue to suffer financial losses which may be deemed recoverable under Pennsylvania law and for all of which excess damages are claimed. 20. Plaintiff Fry avers that his injuries and damages exceed the applicable limits of arbitration; therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiffs, Maura A. and Brian C. Fry, demand judgment in their favor and against Defendant, Penske Truck Leasing Co., L.P., for an amount in excess of Fifty Thousand ($50,000.00) Dollars together with interest and costs as allowed by law. COUNT II PLAINTIFFS, MAURA A. AND BRIAN C. FRY, vs. DEFENDANT, LIT INDUSTRIAL, LTD. NEGLIGENCE 21. Paragraphs 1 through 20 of Plaintiffs' Complaint are incorporated by reference as though set forth in their entirety herein. 6 22. Defendant LIT was negligent, careless, and reckless in causing the accident sustained by Plaintiff Fry on August 5, 2008 in one or more of the following particulars: (a) In allowing an unreasonably dangerous condition including a hole to exist on its property in an area in close proximity to the landing pad when it knew truckers such as Plaintiff Fry would be using said area to hook up their tractor-trailers; (b) In failing to regard the rights, safety, and position of the Plaintiff in and about an area in which Defendant knew truckers such as Plaintiff Fry would be using to hook up their tractor trailers; (c) In permitting an unreasonably dangerous condition to exist on or about Defendant's property where the Defendant knew or should have known that persons would be subject to falling and sustaining injury (d) In failing to inspect, maintain, and/or repair holes on property under Defendant's control and/or ownership so as to permit a dangerous condition to exist which could subject truckers including Plaintiff Fry to injury; (e) In failing to properly illuminate the area of the foregoing accident in a reasonable, adequate, and prudent manner; (f) In failing to fill in and/or remove holes on Defendant's property in the area of the foregoing accident in a reasonable, adequate, and prudent manner; (g) In failing to issue adequate warnings, verbal, and/or written, to persons such as Plaintiff Fry who would likely encounter the dangerous condition including the subject hole which Plaintiff stepped into; 7 (h) In permitting and allowing business invitees, like Plaintiff Fry, to walk and ambulate in and about the area of Plaintiff's foregoing accident when Defendant knew or should have known of the dangerous condition of the hole that existed on Defendant's property; (i) In failing to post adequate warning signs, warning cones, illumination warnings, barriers, and/or some type of barricade in an effort to alert persons including Plaintiff Fry of the dangerous condition that existed on said Defendant's property; 0) In failing to utilize reasonable care in the inspection, maintenance, and/or repair of the "subject property; (k) In failing to request, institute, and/or supervise periodic inspections of the premises in question so as to discover holes that would be dangerous to persons such as Plaintiff Fry who were using the property with Defendant's permission; (1) In failing to utilize reasonable care in the inspection, maintenance, and/or repair of the hole in the area where Plaintiff fell; (m) In failing to request, institute, and/or supervise periodic inspections of the lighting in the area where Plaintiff fell; (n) In failing to keep reasonable, adequate, and organized maintenance, inspection and/or logs of the condition of the area where Plaintiff fell; and (o) In failing to place proper lighting in the area of the landing pad where Plaintiff fell so Plaintiff could have seen the hole which he fell in. 8 23. The accident and injuries hereinafter set forth were caused solely by the negligence of Defendant, LIT, and were in no way due to any act or failure to act on the part of Plaintiff Fry, who was merely carrying out his job duties in an area that was poorly lit and in an area which had an unreasonably dangerous condition unknown to Plaintiff Fry. 24. At all times relevant hereto, Plaintiff Fry was a business invitee of Defendant and as such was entitled to all rights afforded by business invitees under Pennsylvania law. 25. As a direct and proximate result of the foregoing negligence of Defendant LIT, Plaintiff, Brian C. Fry, sustained personal injuries including but not limited to the following: (a) Injury to his left knee including damage to the cartilage, ligaments, bones, and muscles of his left knee resulting in the need for three separate surgeries performed on November 7, 2008, March 6, 2009, and June 8, 2009; (b) A permanent partial impairment and disability to his left knee as a result of his three surgeries which may result in the need for a future knee replacement; (c) Permanent scarring and disfigurement to his left knee from the three surgeries; (d) Injuries to the muscles, bones, ligaments, tendons, and nerves of his left knee; and (e) Various abrasions and contusions. 26. As a direct and proximate result of the foregoing accident and resulting injuries, Plaintiff Fry, has suffered and will continue to suffer pain, discomfort, humiliation, inconvenience, loss of enjoyment of life, permanent scarring and disfigurement, and a permanent partial impairment and disability, for all of which excess damages are claimed. 9 27. As a direct and proximate result of the foregoing accident and resulting injuries, Plaintiff Fry has incurred medical and hospital bills in excess of $40,000.00 and may in the future incur additional medical expenses which are deemed recoverable under Pennsylvania law and for all of which excess damages are claimed. 28. As a direct and proximate result of the foregoing accident and resulting injuries, Plaintiff Fry, has incurred lost wages since the accident in excess of $71,224.40, has suffered a loss of earning capacity and may in the future continue to suffer financial losses which may be deemed recoverable under Pennsylvania law and for all of which excess damages are claimed. 29. Plaintiff Fry avers that his injuries and damages exceed the applicable limits of arbitration; therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiffs, Maura A. and Brian C. Fry, demand judgment in their favor and against Defendant, LIT Industrial, Ltd., for an amount in excess of Fifty Thousand ($50,000.00) Dollars together with interest and costs as allowed by law. COUNT III PLAINTIFF, MAURA A. FRY, vs. DEFENDANTS, PENSKE TRUCK LEASING CO., L.P. AND LIT INDUSTRIAL, LTD. LOSS OF CONSORTIUM 30. Paragraphs 1 through 29 of Plaintiffs' Complaint are incorporated by reference as though set forth in their entirety herein. 31. At the time of the foregoing accident, Plaintiffs, Brian C. and Maura A. Fry, were married and living together. 32. As a result of the negligence of Defendants, Penske Truck Leasing Co., L.P. and LIT Industrial, Ltd., as set forth in Count I and II, Plaintiff, Maura A. Fry has lost the services, companionship, society, and consortium of her husband, for all of which damages are claimed. to WHEREFORE, Plaintiff, Maura A. Fry, demands judgment in her favor and against Defendants, Penske Truck Leasing Co., L.P. and LIT Industrial, Ltd., for an amount in excess of Fifty Thousand ($50,000.00) Dollars together with interest and costs as allowed by law. HAGELGANS & VERONIS Date: _ 12--3-0 By: Nicho as A. Veronis Attorney for Plaintiffs Attorney I.D. No. 46523 223 North Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 II VERIFICATION We, Maura A. and Brian C. Fry, verify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. 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. DATED: /; " I " D 'T 7 0 OF THE MTARY 2009 DEC -7 PM 12= 47 tBEt0 COLM Ptr $'78.5o Pe, A-my CO- 028360 a,54sR1 ., t1 ,~_ Y ~ IL ~ Ih .~~ GL,~ ,~ _.~~~ Y' . HAGELGANS & VERONIS Nicholas A. Veronis, Esquire Attorney I.D.#: 46523 223 North Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MAURA A. and BRIAN C. FRY, Plaintiffs ~~~~ vs. Civil Action No.: CV-09-~4~9- PENSKE TRUCK LEASING CO., L.P., and LIT INDUSTRIAL, LTD. Defendants JURY TRIAL DEMANDED NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 237.1(a)(2) TO: LIT INDUSTRIAL, LTD. 2650 Cedar Springs Road, Suite 850 Dallas, TX 75201-1494 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten days from the date of this notice, a judgment maybe entered against you without a hearing and you may lose your property or other important rights. 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 maybe 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 Telephone: 717-249-3166 Date: ~2 ! g I d HAGE AN VERONIS By: ~~ro Nic o s A. Veronis, Esquire Attorney I.D. No. 46523 223 North Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 Facsimile: (717) 396-9746 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing Notice of Praecipe to Enter Judgment by Default Pursuant to Pennsylvania Rule of Civil Procedure 237.1(a)(2) was served by mailing, first class mail, postage prepaid, to the following: LIT Industrial, Ltd. 2650 Cedar Springs Road, Suite 850 Dallas, TX 75201-1494 HAGELGANS & VERONIS By: Nicho s A. Veronis, Esquire Attorney for Plaintiffs I.D. No.:46523 223 North Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 Facsimile: (717) 396-9746 Date: ~ ~ 9-l~ WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Michael S. Takacs, Esquire Attorneys for Defendant Identification No. 78409 LIT Industrial, Ltd. Nicole Perez, Equire Identification No. 207450 The Curtis Center, Suite 1130 East Independence Square West Philadelphia, PA 19106 215 627 6900 MAURA A. and BRIAN C. FRY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ~' Plaintiffs ~~ vs. CNIL ACTION -LAW n _~ c° PENSKE TRUCK LEASING CO., L.P., NO. 09-8418 <<~ ~ ~ ~_;~ ' and ~ nfr-~ ` =~ r-- LIT INDUSTRIAL, LTD. ~~~? `~ ~ -`'~' Defendants _... ` ~-~c,~ C7 Jr dt •~-3 ENTRY OF APPEARANCE TO THE PROTHONOTARY: V l Kindly enter our appearance on behalf of Defendant, LIT Industrial, Ltd., in the above-captioned matter. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: ~w-~ S~Q Michael S. Takacs, Esquire Nicole Perez, Esquire Attorneys for Defendant LIT Industrial, Ltd. Date: March 3, 2010 411415.1 CERTIFICATE OF SERVICE I, Michael S. Takacs, Esquire, attorney for Defendant, LIT Industrial, Ltd., hereby certify that I have served a true and correct copy of the foregoing Entry of Appearance to the attorneys listed herein via United States Mail, First Class, Postage Prepaid, on the date referenced below. Nicholas A. Veronis, Esquire Hagelgans &Veronis, LLP 223 North Duke Street Lancaster, PA 17602 Attorney for Plaintiffs Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 By: ~~ S (°~ Michael S. Takacs, Esquire Date: March ~' , 2010 411415.1 OF THE PROTHONoTAR Y 2010 DEC -7 AM 11: 16 OUMBERLAND COUNTY PENNSYLVANIA HAGELGANS & VERONIS Nicholas A. Veronis, Esquire Attorney I.D.#: 46523 223 North Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MAURA A. and BRIAN C. FRY, Plaintiffs VS. Civil Action No.: CV-09-8418 PENSKE TRUCK LEASING CO., L.P., and LIT INDUSTRIAL, LTD. Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued Nichoas A. Veronis Attorney for Plaintiff DISCONTINUANCE CERTIFICATE AND NOW, this day of,] 2010, this suit has been marked as above directed. Pr onotary l CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing Praecipe to Discontinue was served by mailing, first class mail, postage prepaid, to the following: William D. Kennedy, Esquire White & Williams 1235 Westlakes Drive, Suite 310 Berwin, PA 19312 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Curtis N. Stambaugh, Esquire McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Wayne A. Graver, Esquire Labin, O'Neil, Ricci, Cedrone & DiSipio Suite 500, 190 North Independence Mall West 6`h and Race Streets Philadelphia, PA 19106 HAGELGANS & VERONIS By: / 1 2z ? LA 69- -; I ? Nic 1 A. Veronis, Esquire Attorney for Plaintiffs I.D. No.:46523 223 North Duke Street Lancaster, PA 17602 Telephone: (717) 295-7009 Facsimile: (717) 396-9746 Date: /'2 - 1 0