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Home My WebLink About10-3002F'TlLES\CGents\11062 Gill l 1062.2.complaint Created: 9/20/04 0:06PM Revised: 5,6/10 9:23AM 11062.2 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JEFFERY A. GILL and SUSAN M. GILL, husband and wife, Plaintiffs, V. FREDERICK J. BROOKS and KREILKAMP TRUCKING, INC., Defendants. ar ??- T! 2010 ?'( -b A? i lG? 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW 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 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 41?lr A21/2-<- ,,00 -2 41/ 6 s"-:Z George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JEFFERY A. GILL and SUSAN M. GILL, husband and wife, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK J. BROOKS and KREILKAMP TRUCKING, INC., Defendants. NO. CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Jeffery A. Gill and Susan M. Gill are adult individuals residing at 1560 Leidigh Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant Frederick J. Brooks is an adult individual residing at 14129 Courtland Avenue, Cleveland, Ohio 44111. 3. Defendant Kreilkamp Trucking, Inc., is a corporation with its principal place of business located at 6487 Highway 175, Allenton, Wisconsin 53002. 4. On or about June 17, 2008, Plaintiff Jeffery A. Gill was operating his 1982 Yamaha motorcycle in the northbound right hand lane of State Route 11 in Middlesex Township at approximately 7:15 a.m. 5. At that time, Defendant Frederick J. Brooks was operating a 2007 Peterbilt tractor with a trailer in the northbound. left hand lane of State Route 11. 6. The tractor and trailer were owned by Defendant Kreilkamp Trucking, Inc. 7. As Defendant Frederick J. Brooks passed through the intersection of Route 11 with South Middlesex Road, he attempted to move his tractor trailer from the left land into the right lane which was occupied by the Plaintiff Jeffery Gill on his motorcycle. 8. In attempting to move his tractor trailer from the left lane into the right lane which was occupied by the Plaintiff JefferyGill, Defendant Frederick Brooks struck the left side of Plaintiff Jeffery Gill's motorcycle with the right front corner of his truck tractor. 9. As the direct and proximate result of the collision, Plaintiff Jeffery Gill was ejected from his motorcycle. COUNTI Jeffery A. Gill v. Frederick J Brooks 10. The averments of Paragraphs 1 through 9 of this Complaint are hereby incorporated by reference. H. At the time of the collision, Plaintiff Jeffery Gill was operating his motorcycle with the right-of-way in the right hand, northbound lane of State Route 11 within the posted speed limit. 12. The collision was caused solely as the result of the negligence, recklessness and carelessness of the Defendant Frederick J. Brooks in that he: a. attempted to move his tractor trailer from the left hand lane to the right hand lane without first properly ascertaining that it was safe to do so; b. attempted to move his tractor trailer from the left hand lane to the right hand lane without first properly ascertaining that the lane was already occupied by the motorcycle operated by Plaintiff Jeffery Gill; C. failed to properly operate his tractor trailer in order to avoid striking the Plaintiff and his motorcycle; and, d. improperly changed lanes in violation of the Pennsylvania Motor Vehicle Code. 13. As a direct and proximate result of the collision, Plaintiff Jeffery Gill sustained serious personal injuries including, but not limited to, multiple transverse process fracture at L3 and L4, aggravation ofpre-existing spinal stenosis, aggravation ofpre-existing degenerative disc disease, radiculopathy, contusion to the left elbow, and multiple abrasions and contusions. 14. As a direct and proximate result of the aforesaid injuries, Plaintiff Jeffery Gill has undergone great pain and suffering for which damages are claimed. 15. As a direct and proximate result of the aforesaid injuries, Plaintiff Jeffery Gill has suffered and will continue to suffer lost wages and a loss of earning capacity. 16. As a direct and proximate result of the injuries sustained, Plaintiff Jeffery Gill has incurred and/or in the future will incur medical and/or other financial expenses which loses may exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 17. As a direct and proximate result of the injuries sustained, Plaintiff Jeffery Gill has sustained and/or will continue to sustain scarring, disfigurement and loss of life's pleasures. WHEREFORE, Plaintiff Jeffery A. Gill demands judgment against Defendant Frederick J. Brooks, plus interest, costs and delay damages as allowed by law. COUNT II Jeffery A. Gill v Kreilkam 3 Trucking, Inc 18. The averments of Paragraphs 1 through 17 of this Complaint are hereby incorporated by reference. 19. At the time of the collision, Defendant Frederick J. Brooks was operating the 1987 Peterbilt tractor trailer in the scope of Interstate Commerce for Kreilkamp Trucking, Inc. They are, therefore, liable under federal law for the damages incurred by Plaintiff Jeffery Gill. 20. At the time of the collision, Defendant Frederick J. Brooks was acting as the agent, servant, or employee of Kreilkamp Trucking, Inc. WHEREFORE, Plaintiff Jeffery A. Gill demands judgment against Defendant Kreilkamp Trucking, Inc., plus interest, costs and delay damages as allowed by law. COUNT III Susan M. Gill v. Frederick J. Brooks and Kreilkam Truckin Inc. 21. The averments of Paragraphs 1 through 20 of this Complaint are hereby incorporated by reference. 22. At the time of the accident, Plaintiff Susan M. Gill was married to Plaintiff Jeffery A. Gill. Therefore, Plaintiff Susan M. Gill has incurred the loss of the love, companionship, affection and consortium of her husband for which damages are claimed. WHEREFORE, Plaintiff Susan M. Gill demands judgment against Defendants Frederick J. Brooks and Kreilkamp Trucking, Inc., plus interest, costs and delay damages as allowed by law. MARTSON LAW OFFICES By George B. FalWr, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 6, 2010 Attorneys for Plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Jeffe "X'J (11 414-0- Susan M. Gill F:TILES\Clicnts\I 1062 GOO 1062.2.complaint