Loading...
HomeMy WebLinkAbout01-1216ERIN KEMP, a minor, by SUSAN KEMP and RONALD KEMP, her parents, Plaintiffs CARLISLE SPORTS EMPORIUM, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 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 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 ERIN KEMP, a minor, by SUSAN KEMP and RONALD KEMP, her parents, Plaintiffs CARLISLE SPORTS EMPORIUM, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN/A : O / - Ia/(~ CIVIL : : JURY TRIAL DEMANDED COMPI,AINT Plaintiff, Erin Kemp, a minor is fourteen (14) years of age and resides with her parents Susan Kemp and Ronald Kemp at 5073 Stacey Drive East, Apt. 102, Harrisburg, PA 17011. 2. Defendant is a corporation organized and existing under the laws of Pennsylvania with its principal place of business located at 36 Kelly Drive, Carlisle, Pennsylvania 17013. 3. Defendant owns and operates an amusement business located at 29 South Middlesex Road, Carlisle, Pennsylvania 17013 which is open to the public. 4. One of the amusements offered to the public is a go-kart ride which includes motorized go-karts which are operated on a macadam track by individual patrons. 5. Plaintiff, Erin Kemp, on December 23, 1999 purchased a ticket to operate a go-kart on Defendant's track. 6. An older gentleman employed by the Defendant was in control of the go- kart operation, and at end of the ride he stood in a well marked and painted area off to the side of the track from which he could safely direct patrons, including Plaintiff, into the pit area of track to park their go-karts. 7. Plaintiff elected to ride the go-kart a second time during which a younger attendant, named Mike, who was an agent, employee and/or servant of the Defendant was in control of the go-kart ride. 8. When it was time to direct patron drivers into the pit area this attendant stepped out onto the track and into the path of oncoming go-karts. 9. As the drivers approached the attendant the first driver had to come to a stop to avoid ramming the attendant. 10. Plaintiff, Erin Kemp was driving the second go-kart. When she came around the final turn the first driver was stopped on the track, the attendant was standing on the track and Erin had to suddenly and without warning turn to avoid a collision with either the go-kart or the attendant. 11. The sudden and abrupt need to avoid the collision caused the Plaintiff to drive over a tire and up and over a concrete curb. 12. The go-kart almost tipped over which caused Plaintifl's head and neck to whiplash until the go-kart came to rest after striking another parked go-kart. As a result of the incident Plaintiff suffered substantial and painful 13. injuries. 14. At all times material hereto the attendant operating the go-kart ride was an agent, employee, and/or servant of Defendant and was acting within the scope of his employment. 15. The attendant's conduct which included walking onto the track while go- karts were in operation was negligence and/or recklessness on the part of the attendant who did so while acting within the scope of his employment. 16. The negligence and/or recklessness of the attendant consisted of the following: (a.) attendant's failure to remain within the yellow painted lines or on the concrete barrier to direct traffic; (b) attendant's walking onto and standing on the track directly in the path of oncoming go-karts; and (c) attendant's failure to warn the drivers, including Plaintiff, that he was going walk out on to the track while the go-kart ride was in operation; and 17. Defendant was negligent and/or reckless in that it failed to properly train and/or supervise the attendant in the operation and management of the go-kart ride. 18. As a direct result of the defendant's negligence and/or recklessness, as well as the attendant's negligence and/or recklessness Plaintiff was caused to suffer significant injuries which consisted of the following: (a) (b) muscle; (c) (d) (e) immediate onset of neck pain and stiffness; muscle spasm across the cervical area and across the trapezious limited range of motion in neck with pain; cervical dysfunction; cervical sprain/strain; (f) cervical ligament damage; and (g) pain in thoracic and/or lumbar area of her back 19. As a direct result of these injuries Plaintiff has been obliged to spend monies and Plaintiff has been compelled to undergo medical treatment and will need to continue with medical treatment in the future. 20. As a further and direct result of the negligence and recklessness of Defendant's attendant Plaintiff has suffered in the past and will continue to suffer in the future pain, suffering, mental anguish, limitations and restrictions on her usual and expected activities, pursuits and pleasures. 21. Defendant Carlisle Sports Emporium, Inc. is liable for damages caused by the negligence of its agents, employees and/or servants where such negligence occurred while the agent, employee and/or servant was acting within the scope of his employment. WHEREFORE, Plaintiff prays this Honorable Court will enter judgment in her favor and against Defendant in an amount not to exceed $20,000.00 plus costs. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION We verify that the statements made in the foregoing document are tree and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: /-/6.-0/ ~4AYC_~ ~Z~ Date: SHERIFF'S CASE NO: 2001-01216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEMP ERIN VS CARLISLE SPORTS EMPORIUM RETURN - REGULAR CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, who being duly says, the within COMPLAINT & NOTICE was CARLISLE SPORTS EMPORIUM DEFENDANT , at 0019:02 at 29 S MIDDLESEX ROAD CARLISLE, PA 17013 BRYAN SEEGER (OPERATIONS a true and attested copy of HOURS, on the 5th day of March Sheriff or Deputy Sheriff of sworn according to law, served upon the 2001 by handing to MANAGER) COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 31.10 Sworn and Subscribed to before me this ~g ~ day of ~ J-~! A.D. othonotary -- So Answers. R. Thomas Kline 03/06/2001 R. MARK THOMAS ERIN KEMP, a minor, by SUSAN KEMP and RONALD KEMP, her parents, Plaintiffs CARLISLE SPORTS EMPORIUM, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-1216 CIVIL TERM : : JURY TRIAL DEMANDED PETITION TO COMPROMISE, SETTLE AND DISCONTINUE AN ACTION BY THE GUARDIAN OF A MINOR AND NOW, this_ ~J~' day of June, 2001, comes the petitioners, Susan Kemp and Ronald Kemp, the natural parents of the minor Erin Kemp, and through counsel they file this Petition to Compromise, Settle and Discontinue this action and in support thereof respectfully represents: 1. Plaintiff, Erin Kemp, a minor, is fourteen (14) years of age and resides with her parents Susan Kemp and Ronald Kemp at 5073 Stacey Drive East, Apt. 102, Harrisburg, PA 17101. 2. On December 23, 1999, plaintiff suffered injuries as a result of the negligence of the agents and/or employees of defendant Carlisle Sports Emporium whose principle place of business is located at 36 Kelly Drive, Carlisle, Pennsylvania 17013. 3. On March 2, 2001 the plaintiff minor, by her parents Susan Kemp and Ronald Kemp, caused a Complaint to be filed in the Cumberland County Court of Common Pleas against the defendant for personal injuries suffered by plaintiff. The Term and Number of the Complaint is No. 2001-1246 Civil Term. A copy of the Complaint is attached hereto and marked Exhibit "A:. 4. By agreement between counsel, the defendant has not filed an Answer to the Complaint. 5. The minor child's injuries have substantially healed and she had medical bills in the amount of three thousand eighty nine ($3,089.00) dollars. 6. An agreement to settle this claim has been arrived at between counsel for the respective parties in the amount of seven thousand five hundred ($7,500.00) dollars. 7. The seven thousand five hundred ($7,500.00) dollars is proposed to be distributed as lbllows: a. Proceeds to minor in the amount of five thousand two hundred fifty ($5,250.00) dollars. b. Counsel fees in the amount of two thousand two hundred fifty ($2,250.00) dollars which is based upon thirty (30%) percent contingency fee. 8. Because the amount to be received by the minor has a net value of less than $25,000.00 the amount may be received and held or disposed of by the minor pursuant to 20 Pa.C.S.A. § 5101(3). 9. Pursuant to Pennsylvania Rule of Civil Procedure 2039 this action cannot be compromised, settled or discontinued without approval by the court, WHEREFORE, petitioners pray this Honorable Court will sign the attached Order approving the proposed distribution of this claim as set forth in the attached Order. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION We verify that the statements made in the foregoing document are tree and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. ERIN KEMP, a minor, by SUSAN KEMP and RONALD KEMP, her parenls, Plaintiffs CARLISLE SPORTS EMPORIUM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 EXHIBIT "A" ERIN KEMP, n minor, by SUSAN KEMP and RONALD KEMP, her parents, Plaintiffs CARLISLE SPORTS EMPORIUM, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL : JURY TRIAL DEMANDED COMPLAINT Plaintiff, Erin Kemp, a minor is fourteen (14) years of age and resides with her parents Susan Kemp and Ronald Kemp at 5073 Stacey Drive East, Apt. 102,. Harrisburg, PA 17011. 2. Defendant is a corporation organized and existing under the laws of Pennsylvania with its principal place of business located at 36 Kelly Drive, Carlisle, Pennsylvania 17013. 3. Defendant owns and operates an amusement business located at 29 South Middlesex Road, Carlisle, Pennsylvania 17013 which is open to the public. 4. One of the amusements offered to the public is a go-kart ride which includes motorized go-karts which are operated on a macadam track by individual patrons. 5. Plaintiff, Erin Kemp, on December 23, 1999 purchased a ticket to operate a go-kart on Defendant's track. An older gentleman employed by the Defendant was in control of the go- kart operation, and at end of the ride he stood in a well marked and painted area offto the side of the track from which he could safely direct patrons, including Plaintiff, into the pit area of track to park their go-karts. 7. Plaintiff elected to ride the go-kart a second time during which a younger attendant, named Mike, who was an agent, employee and/or servant of the Defendant was in control of the go-kart ride. 8. When it was time to direct patron drivers into the pit area this attendant stepped out onto the track and into the path of oncoming go-karts. 9. As the drivers approached the attendant the first driver had to come to a stop to avoid ramming the attendant. 10. Plaintiff, Erin Kemp was driving the second go-kart. When she came around the final turn the first driver was stopped on the track, the attendant was standing on the track and Erin had to suddenly and without warning turn to avoid a collision with either the go-kart or the attendant. 11. The sudden and abrupt need to avoid the collision caused the Plaintiff to drive over a tire and up and over a concrete curb. · 12. The go-kart almost tipped over which caused Plaintiff's head and neck to whiplash until the go-kart came to rest after striking another parked go-kart. As a result Of the incident Plaintiff suffered substantial and painful 13. injuries. 14. At all times material hereto the attendant operating the go-kart ride was an agent, employee, and/or servant of Defendant and was acting within the scope of his employment. 15. The attendant's conduct which included walking onto the track while go- karts were in operation was negligence and/or recklessness on the part of the attendant who did so while acting within the scope of his employment. The negligence and/or recklessness of the attendant consisted of the 16. following: (a,) attendant's failure to remain within the yellow painted lines or on ~he concrete barrier to direct traffic; (b) attendant's walking onto and standing on the track directly in the path of oncoming go-karts; and (c) attendant's failure to warn the drivers, including Plaintiff, that he was going walk out on to the track while the go-kart ride was in operation; and 17. Defendant was negligent and/or reckless in that it failed to properly train and/or supervise the attendant in the operation and management of the go-kart ride. 18. As a direct result of the defendant's negligence and/or recklessness, as well as the attendant's negligence and/or recklessness Plaintiff was caused to suffer significant injuries which consisted of the following: (a) (b) muscle; (c) (d) (e) immediate onset of neck pain and stiffness; muscle spasm across the cervical area and across the trapezious limited range of motion in neck with pain; cervical dysfunction; cervical sprain/strain; (f) cervical ligament damage; and (g) pain in thoracic and/or lumbar area of her back 19. As a direct result of these injuries Plaintiff has been obliged to spend monies and Plaintiff has been compelled to undergo medical treatment and will need to continue with medical treatment in the future. 20. As a further and direct result of the negligence and recklessness of Defendant's attendant Plaintiff has suffered in the past and will continue to suffer in the future pain, suffering, mental anguish, limitations and restrictions on her usual and expected activities, pursuits and pleasures. 21. Defendant Carlisle Sports Emporium, Inc. is liable for damages caused by the negligence of its agents, employees and/or servants where such negligence occurred while the agent, employee and/or servant was acting within the scope of his employment. WHEREFORE, Plaintiff prays this Honorable Court will enter judgment in her favor and against Defendant in an amount not to exceed $20,000.00 plus costs. Respectfully submitted, R. Mark Thomas, Esquire ID# 413O1 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION We verify that the statements made 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. §4904, relating to unswom falsification to authorities. rate: /-'/~, ' o! ERIN KEMP, a minor, by SUSAN KEMP and RONALD KEMP, her parents, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SPORTS EMPORIUM, DEFENDANT : 01-1216 CIVIL TERM AND NOW, this ORDER OF COURT day of June, 2001, IT IS ORDERED that a hearing shall be conducted on the within petition at 4:00 p.m., Thursday, July 5, 2001, in Courtroom Number 2. R. Mark Thomas, Esquire For Petitioners :saa ERIN KEMP, a minor, by SUSAN KEMP and RONALD KEMP, her parents, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SPORTS EMPORIUM, DEFENDANT : 01-1216 CIVIL TERM ORDER OF COURT day of July, 2001, following a hearing, IT IS AND NOW, this ORDERED: (1) Approval of the settlement of this minor's claim for $7,500 for Erin Kemp, born September 3, 1986, IS GRANTED. (2) From the settlement of $7,500, petitioner's counsel is awarded a fee of $1,875 and costs of $76.60. Medical bills shall be paid in the amount of $3,089.00. (3) The net proceeds of $2,459.40 shall be placed in an interest bearing account at Commerce Bank, in the name of Erin Kemp, born September 3, 1986. (4) The account shall contain the following notation: "NO WITHDRAWAL CAN BE MADE PRIOR TO ERIN KEMP OBTAINING HER MAJORITY EXCEPT BY AN ORDER OF COURT OF COMPETENT JURISDICTION." (5) Counsel for plaintiffs shall file with the Prothonotary and forward a of this judge proof of compliance copy to the chambers ~ ~~y~e{~/Edgar B. y, J. R. Mark Thomas, Esquire For Plaintiffs :saa ERIN KEMP, a minor, by SUSAN KEMP and RONALD KEMP, her parents, Plaintiffs Vo CARLISLE SPORTS EMPORIUM, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-1216 CIVIL TERM PRAF. CIPE TO DISCONTINUI~ TO THE PROTHONOTARY: Kindly mark the above captioned matter as Discontinued and At End. Respectfully submitted, ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100