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HomeMy WebLinkAbout10-5936State Farm Fire and Casualty Company Plaintiff Ford Motor Company Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- 5q3? l?iVi lT 20 Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 4481.00 Po ATrY C-rudtm e* ay8301 COZEN O'CONNOR By: Lawrence F. Walker, Esquire Identification No: 88163 1900 Market Street Philadelphia, PA 19103 215.665.6920 (phone) 215.701.2120 (fax) lwalker(& cozen. com STATE FARM FIRE AND CASUALTY Attorneys for Plaintiff State Farm Fire and Casualty Company Metropolitan Cas. Inc. Co. & Jack and Mary Leftwich COMPANY a/s/o IN THE COURT OF COMMON PLEAS Jack Leftwich and Mary M. Leftwich CUMBERLAND COUNTY 1 State Farm Plaza A' Bloomington, Illinois 61702 CIVIL ACTION NO: _ S 9 36 O r, I and . ? v METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wilma Geary ` cx? 700 Quaker Lane - ' -o Warwick, Rhode Island 02886 - ? and JACK and MARY LEFTWICH (H/W) 207 Evergreen Road New Cumberland, Pa. 17070-2812 Plaintiffs vs. FORD MOTOR COMPANY 1 American Road Dearborn, Michigan 48126 Defendant JURY TRIAL DEMANDED COMPLAINT Plaintiffs, State Farm Fire and Casualty Company a/s/o Jack and Mary Leftwich (hereinafter "State Farm"), Jack Leftwich and Mary M. Leftwich and Metropolitan Casualty Insurance Company as subrogee of Randy Geary and Wilma Geary (hereinafter "MetLife) by way of their Complaint aver as follows: THE PARTIES Plaintiff, State Farm, is a corporation duly organized and existing under the laws of the State of Illinois with a principal place of business located at 1 State Farm Plaza, Bloomington, Illinois, and at all times relevant hereto was authorized to issue policies of property insurance in the Commonwealth of Pennsylvania. 2. Plaintiff, Metropolitan Casualty Insurance Company, is a corporation duly organized and existing under the laws of the Rhode Island with a principal place of business located at 700 Quaker Lane, Warwick, Rhode Island, and at all times relevant hereto was authorized to issue policies of automobile insurance in the Commonwealth of Pennsylvania. Jack and Mary Leftwich are adults and residents of the Commonwealth of Pennsylvania residing at 207 Evergreen Road, New Cumberland. Pa. 17070-2812 4. Defendant, Ford Motor Company ("Ford") is a Delaware corporation, with a principal place of business located at 1 American Road, Dearborn, Michigan, and at all times material hereto, was engaged in the business of designing, manufacturing, distributing selling and/or supplying automobiles, including but not limited to Ford F-150 trucks. FACTUAL ALLEGATIONS 5. At all times material hereto, Jack and Mary Leftwich owned the real and personal property located at 207 Evergreen Road, New Cumberland, PA 17070-2812 (hereinafter "The Premises"). 6. At all times material hereto, State Farm insured the real and personal property of Jack Leftwich and Mary M. Leftwich (hereinafter "State Farm's insureds") at The Premises under policy number 38-C7-4813-6 (hereinafter "the Property Policy".) 7. At all times material hereto, Metropolitan Casualty Insurance Company insured the real and personal property of Randy Geary and Wilma Geary (hereinafter "MetLife's insureds") that being a 2000 Ford F-150 pick-up, VIN #1FTZX1726YKB26828 (hereinafter "the Vehicle") under a policy of insurance (hereinafter "the Automobile Policy"). 8. At all times material hereto, the Vehicle was owned by MetLife's insureds Randy Geary and Wilma Geary. 9. On or about October 12, 2008 the Vehicle caught fire while parked in front of the Premises. 10. The fire spread from the Vehicle to the Premises and resulted in severe and extensive damage and destruction to the Premises. 11. The fire within the Vehicle originated in the area of the speed control deactivation switch. 12. The Vehicle was subject to an open recall for the speed control deactivation switch. 13. Pursuant to the Property Policy, State Farm reimbursed its insureds in the amount of $209,380.18 for damages resulting from the fire. 14. Pursuant to the Automobile Policy, MetLife reimbursed its insureds in the amount of $7, 636.12 for damages resulting from the fire 15. Plaintiffs Jack and Mary Leftwich suffered an uninsured loss to their real and personal property in the amount of $500.00 representing their deductible interest. 16. In accordance with the common law principles of legal and equitable subrogation and their contractual rights of subrogation under the aforementioned policies, plaintiffs State Farm and MetLife are subrogated to the rights of their insureds with respect to any claims against defendant. COUNT I: STRICT PRODUCTS LIABILITY 17. Plaintiffs hereby incorporate by reference each and every allegation set forth above as fully as if the same were recited herein at length. 18. Defendant Ford designed, manufactured, sold, assembled, and/or supplied the Vehicle, including the speed control deactivation switch. 19. Ford distributed and placed the Vehicle into the stream of commerce. 20. The Vehicle was used for the purpose and in the manner for which it was designed and intended and/or in a manner reasonably foreseeable to defendant Ford. 21. The Vehicle and its speed control deactivation switch were unaltered and unmodified since the date if left possession of defendant Ford. 22. The Vehicle was defective in its design and manufacture and unreasonably dangerous in that the speed control deactivation switch ignited as a result of corrosion of the metal contacts within the switch while energized, which resulted in ignition of combustible materials adjacent to the product in question. 23. As a direct and proximate result of the unreasonably defective and dangerous condition as set forth in the foregoing paragraphs, the fire occurred and caused extensive damage to plaintiff's insureds' property. 24. Defendant Ford is strictly liable for the fire and resulting damages pursuant to Restatement (Second) of Torts §402(a), et seq. WHEREFORE, plaintiffs, State Farm Fire and Casualty Company, Jack Leftwich and Mary M. Leftwich and MetLife a/s/o Randy Geary and Wilma Geary hereby demand judgment in its favor and against defendant Ford Motor Company for damages in an amount in excess of $217,772.24, together with delay damages, interest, costs of this action and such other and further relief as this Court deems appropriate. Respectfully Submitted, COZEN O'CONNOR B L wrence F. Walker, Esquire Identification No: 88163 Attorneys for Plaintiffs State Farm Fire and Casualty Company, Jack Leftwich and Mary Leftwich and Metlife Dated: 9//qld-010 VERIFICATION I, Jack Leftwich, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. PHILADELPHIA\5643098\ 1 228723.000 a&wt air.;--,L JACK LEFTWICH 6 Y . • CAMPBELL CAMPBELL EDWARDS & CONROY P.C. By: William A. Rubert, Esquire Attorney I.D. No.: 42208 Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 Attorneys for Defendant, Ford Motor Company STATE FARM FIRE AND CASUALTY COMPANY aJs/o Jack Leftwich and Mary M. Leftwich and METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH (H/W) Plaintiffs, vs. FORD MOTOR COMPANY Defendant. FIL~~~t1~FlC~ THE PRflT~iOWOT~~Y 20{0 4CT I S AP1 l!~ c l Ct1MBER~.~r~~ COUNTY ~Ehl~~SYL1~~,F31A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.10-5936 Civil Term JURY TRIAL DEMANDED ENTRY OF APPEARANCE AND JURY DEMAND TO THE PROTHONOTARY: Kindly enter the appearance of William A. Rubert, Esquire, as counsel on behalf of Defendant, Ford Motor Company with regard to the above-captioned matter. A jury of twelve is demanded. Respectfully submitted, CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. ~~n~` _ ~, DATED: October 12, 2010 BY: // t~f William A. Rubert, Esquire C i CAMPBELL CAMPBELL EDWARDS & CONROY P.C. By: William A. Rubert, Esquire Attorney I.D. No.: 42208 Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 Attorneys for Defendant, Ford Motor Company STATE FARM FIRE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich and METROPOLITAN CASUALTY INSURANCE COMPANY a!s/o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH (H/W} Plaintiffs, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.10-5936 Civil Term vs. FORD MOTOR COMPANY Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on October 12, 2010, a copy of the foregoing Entry of Appearance was mailed first-class, postage prepaid, to counsel for Plaintiff at the following address: Lawrence F. Walker, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. William A. Rubert, Esquire Attorney for Defendant, Ford Motor Company CAMPBELL CAMPBELL EDWARDS & CONROY P.C. By: William A. Rubert, Esquire Attorney I.D. No.: 42208 Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 Attorney for Defendant, Ford Motor Company STATE FARM FIRE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich and METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH (HlW) Plaintiffs, vs. FORD MOTOR COMPANY Defendant. FILEa"~~~{~~ , ~~ THE ~7gTt~ONOTAR'~ ~~(0 QCT 2 I F 2:..32 "~t~~1~ERLAi~iD COUP~TY pE~~h5YLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.10-5936 Civil Term JURY TRIAL DEMANDED PRAECIPE TO FILE NOTICE OF REMOVAL TO THE PROTHONOTARY: Kindly file the attached copy of the Notice of Removal, the original of which was filed with the Clerk of the United States District Court for the .Middle District of Pennsylvania on October 7, 2010. This Notice of Removal was filed pursuant to 28 U.S.C. § 1446(d}. Respectfully submitted, CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. BY: ~ ~( ~ William A. Rta~ert, Esquire Attorney for Defendant, Ford Motor Company Date: October 12, 2010 CAMPBELL CAMPBELL EDWARDS & CONROY P.C. By: William A. Rubert, Esquire Attorney I.D. No.: 42208 Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 Attorneys for Defendant, Ford Motor Company STATE FARM FIRE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich and METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH (H/W) Plaintiffs, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.10-5936 Civil Term vs. FORD MOTOR COMPANY Defendant. JURY TRLAI. DEMANDED NOTICE TO PLAINTIFF To: Lawrence F. Walker, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Please take notice that Defendant, Ford Motor Company, has filed a Notice of Removal in the United States District Court for the Middle District of Pennsylvania, removing this civil action now pending in the Court of Common Pleas of Cumberland County pursuant to 28 U.S.C. §1441, et seq. Also, please take notice that Defendant has filed in the United States District Court for the Middle District of Pennsylvania a copy of the Complaint served upon them which was filed in the Court of Common Pleas of Cumberland County. Copies of this Notice of Removal and Complaint are attached to this Notice and along with this Notice are being served upon you. CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. BY: ' ~ - a,~,~,e,,~'L- William A. Robert, Esquire Attorney for Defendant, Ford Motor Company Date: October 12, 2010 CAMPBELL CAMPBELL EDWARDS & CONROY P.C. By: William A. Rubert, Esquire Attorney I.D. No.: 42208 Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 Attorneys for Defendant, Ford Motor Company STATE FARM FIRE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich and METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH (H/W) Plaintiffs, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.10-5936 Civil Term vs. FORD MOTOR COMPANY Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on October 12, 2010, a copy of the foregoing Praecipe to File Notice of Removal was mailed first-class, postage prepaid, to counsel for Plaintiff at the following address: Lawrence F. Walker, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. a, BY: i iam A. Rubert, Esquire Attorney for Defendant, Ford Motor Company Case 3:02-at-06000 Document 1250 Filed 10/12/2010 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA STATE FARM FIRE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich CIVIL ACTION NO. and METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH (H/W) Plaintiffs, vs. FORD MOTOR COMPANY Defendant. NOTICE OF REMOVAL OF DEFENDANT FORD MOTOR COMPANY Defendant Ford Motor Company, (hereinafter, "Ford"), by and through its attorneys, hereby removes the above-captioned action, which is presently in the Court of Common Pleas of Cumberland County, Civil Term No.10-5936, pursuant to 28 U.S.C. §1441 et seq. and in support thereof states as follows: 1. This action was commenced by Plaintiffs' Complaint filed in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term No.10-5936, September 15, 2010 and alleges strict liability against Ford. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "A." Case 3:02-at-06000 Document 1250 Filed 10/12/2010 Page 2 of 4 2. This Notice is being filed within thirty days after Defendant received Plaintiffs' Complaint on October 7, 2010, and within one year of the institution of Plaintiffs' suit, in compliance with 28 U.S.C. §1446(b). 3. In the Complaint, Plaintiff State Farm Fire and Casualty Company alleges that it is a corporation duly organized and existing under the laws of the State of Illinois with a principal place of business located at 1 State Farm Plaza, Bloomington, Illinois. (Pls. Compl. ¶l, Ex. "A"). 4. The Complaint alleges that Plaintiff Metropolitan Casualty Insurance Company is a corporation duly organized and existing under the laws of the State of Rhode Island with a principal place of business located at 700 Quaker Lane, Warwick, Rhode Island. (Pls. Compl. 5. The Complaint also alleges that Jack and Mary Leftwich, husband and wife, reside at 207 Evergreen Road, New Cumberland, Pa 17070-2812. (Pls. Compl. ¶3, Ex. "A"). 6. Defendant Ford Motor Company is a Delaware corporation with a principal place of business located at One American Road, Dearborn, Michigan. (Pls. Compl. ~4, Ex. "A"). 7. This action arises out of an alleged vehicle fire at 207 Evergreen Road, New Cumberland, Pa 17070-2812, where Plaintiffs avers damages to a real and personal property. (Pls. Compl. ¶¶9 -10, Ex. "A"). 8. Plaintiff State Farm Fire and Casualty Company alleges it reimbursed its insureds in the amount of $209,380.18 for damages resulting from the fire. (Pls. Compl. ¶13, Ex. "A"). 9. Plaintiff Metropolitan Casualty Insurance Company alleges it reimbursed its insureds in the amount of $7, 636.12 for damages resulting from the fre. (Pls. Compl. ¶14, Ex. "A"). -- .. , .., Case 3:02-at-06000 Document 1250 Filed 10/12/2010 Page 3 of 4 10. The Complaint further alleges Plaintiffs Jack and Mary Leftwich suffered an uninsured loss to their real and personal property in the amount of $500.00. (Pls. Compl. ¶15, Ex. "A"). 11. Additionally, the ad damnum clause seeks judgment in the of $217,772.24 together with delay damages, interest and costs of the action. Accordingly, the amount in controversy meets the requirement of 28 U.S.C. § 1332. 12. As the amount in controversy in this case is in excess of $75,000, and as Plaintiffs and Defendant aze citizens of different States, this Court may exercise jurisdiction over this lawsuit pursuant to 28 U.S.C. § 1332. 13. This action may be removed to this Court by the Defendant pursuant to 28 U.S.C. § 1441(a) in that this case was inifially brought in a state court within the geographical area of the Middle District of Pennsylvania, and in that this Court has jurisdiction pursuant to 28 U.S.C. § 1332(a). 14. Defendant has given written notice of the filing of this Notice of Removal pursuant to 28 U.S.C. §1446(d), by filing this Notice of Removal with the Court of Common Pleas of Cumberland County and by giving written notice to counsel for Plaintiffs. A copy of Defendant's Praecipe to File Notice of Removal is attached as Exhibit "B". A copy of Defendant's Notice to Plaintiff is attached as Exhibit "C". 15. All pleadings, process, orders, and other filings in the state court action are attached to this notice as required by 28 U.S.C. §1441(a). _::: ._ ., - :.. ... Case 3:02-at-06000 Document 1250 Filed 10/12/2010 Page 4 of 4 WHEREFORE, Defendant respectfully requests that this action now pending against it in the Couu of Common Pleas of Cumberland County, Civil Term No.10-5936, be removed to the United States District Court for the Middle District of Pennsylvania. Respectfully submitted, CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. (~,'' BY W Liam A. Rubert, Esquire Attorney for Defendant, Ford Motor Company Date: October 12, 2010 Case 3:02-at-06000 Document 1250-2 _ Filed 10/12!2010 Page 1 of 10 EXHIBIT A - .: .. .._ .. Case 3:02-at-06000 Document 1250-2 Filed 10/12/2010 Page 2 of 10 ,~q CT :Carpa:ra.tEon Service of Process TransrTitittal 09!27/2010 CT I_og Number 517342109 TO: Chris Dzbanski Ford Motor Company WHQ 433-E3, One American Road Dearborn, MI 48126 RE: PfaCess Served in Mlchlgan FOti: Ford Motor Company (Domestic State: DE) ENCL pS;f~ ARE COPIES OF L.EaAL PttOGES3 RECENED BY THE STATUTORY AOENi OF THE ADOVE COMPANY AS FOLLOWS: TrrLE OF ACTIgN: State Farm Fire and Casualty Company, Ss subrogee of Jack Leftwich and Mary M. Leftwichh, et al., Pltfs. vs. Ford Motor Company, Dft. atlrcun~EHr(s} sERUED: COURTrAGENCY: NATURe a~ ncnoN: aN wHOW PRacESS waa sEttvEn: DATE AND FLOOR OF SERS/rCEs APPEARANC!! aA ANSYYER Dui ATTORNEY(S) f SENDER(S): ACii'ION :TE/ASn $fLiNE6: PERT ADDRESSa T~PyoNE: Cover Sheet, Notice to Defend, Complaint, Verif(cation Court of Gammon Pleas, Cumberland Cot~ty, MI Case # 105936 Product tiabiCtty Litigation -Manufacturing Defect -Subrogation action pertaining to 2000 Ford F-154 pick-up, VIN 1FTZX1726YK826828 caught on fire due to speed control deactivation resultin in vehicle damage and destnrction to the premises on October 12, 2008 -Seeking y'~117,772.24 The Corporation Comi~Y, Bingham Farms, MI By Process Server on 09/27/2010 at 10:47 Within ZO days after receipt of 5tmirnons Lawrence F. Walker Caaen O'Connor 1940 Market Street Philadelphia PA 19103 215-665-642b SOP Pa ers with Transmittal, via Fed Ex Priority Overnight , 790235122472 Image SOP Emai! Notification, Chris Dzbanski CDZBAN5K@FORD.COM The Corporation Company Stephanie Hendrickson 30600 Telegraph Road Suite 2345 Bingham Farms, Mi 48025-5720 248-646-9033 Page 1 of 1 / J5 Infarmatlan d6ptayed m th@ Uensmlttai ~ for LT Co~paratlonY nxad keepkiQ grposes artily and S proNded m the nedpfent for Quids rofe~ence. This information does not canstkutrt b legal opinion as to the nature of attbn, the aeiou+t of damages, the answer date, or any iMormatbn contained fi the documents themselves. nedpteM is responsible far ~terprethg sold dottsments and for taking approp:fate actias. Signatar~ an certified mail receipts optdirm receipt of package only, not contents. _ .. .,- Case 3.02-at-06000 Document 1250-2 Filed 10/12!2010 Page 3 of 10 S>~.preme Co, ...~ CU .:~. .~. ~,.. r rC~. :;fin ::•,r.:; .~ r ~• ..~': . _'~t` '•y.=. ~'1.` ~.. ~~•. Pennsylvania ~on Pleas County •L _ ' For Piotli»{rofary. ~Tlsc t?itly: ~ Docket No: • ' The information collected an this jnrm is used solely for court administration purposes. This form does not sutmlement or renlace the frlinsr and service afnleadines or other Havers as required by law or rules Hiroo.-r Commencement of Action: © Complaint ^ Writ of Summons ^ Petition ^ Notice of Appeal ^ Transfer from Another Jurisdiction [] Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: State Farm Fire and Casualty Company Ford Motor Company ^ Check here lfyott are a Sclf-Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: LaWrerice F. Walker Dollar Amount Requested: Are money damages requested? : QYes ^ No _ within arbitration limits (Check one) outside arbitration limits 7s this a Class Action Suit? ^ Yes l3 r1lo ~t ; Nature of the.C•ase: Place an "X" to the.lef3. of the bNE• case ctitegtity,tliatrnost accurately describes your r,:;~'f; •' ~ ' - .+t'.~IIt~ARY-CASE. ~~Ejiou aremakirig more than: ot~e tgpe of claim, check the.one that ,,;:?'~: ; you consider tnost,impot#aut. ~ - .' .TORT (do nol irrClude Mass Tort} ~•'~• ^ Intentional ':`•ti. ^ Malicious Prosecution ^ Motor Vehicle ^ Nuisance •~••' `' ^ Premises Liability ' ~~~ ~ Product Liability (does not Include ., rnass tort) }~{'' - ^ SlandedLibe(/ Defamation ~,{ ' ~•"'i ~.`S: ^ Other: ~`•~ lYIA55 TORT ~ ;f; • : ~ ^ Asbestos ' ~~' • Q Tobacco "si' •• ~ ^ Toxic Tots -DES '`• ~ ~ . ^ Toxic Tort -Implant , • !_. _.• ^ Toxic Waste :. ,:,.. ^ Other: • .. •`r }' • ...= PROI:ESSIONAL LIABLITY D Dental ' -. '. ^ Legal d Mcdicat _• Q OthcrProfessional: ;'• .: Pa.R, t~ P. 245.5 CONTRACT (do not include lrulgntertts) ^ Buyer Plaintiff ^ Debt Collection: Credit Card ^ Debt Collection: Other Q Employment Dispute: Discrimination D Employment Dispute: Other CIVIL APPEALS Administrative Agencies ^ Board of Assessment ^ 8oard'ofElections D Dept. of Transportation ^ Zoning 13aard ^ Statutory Appeal: Other Judicial Appeals ^ MDJ - Landlord/T'enant ^ Other: D MI]J -Money lodgment ^ Other. ^ Other: REAL PROPERTY ^ Ejectment l:] Eminent Domain/Condemnation ^ Ground Rcnt ^ Landlord/Tenant Dispute O Mortgage Foreclosure ^ Partition ^ f2ttiet Title MISCELLANEOIIS • ^ Common LawlSiatutory Arbitration ^ Declaratory Judgment ^ Mandamus ^ Non-Domestic Relations Restraining Order ^ Quo Warranto D Replevin ^ Other: 2/Zt110 c ~ z ~ .'. ......-: ~ •' .'. :- _ Case 3:02-at-06000 Document 1250-2 Filed 10/12/2010 Page 4 of 10 FlLiD-C ~fCE GF 'fF< O~~ jTs.t~,~f.~j~S/ 1~iSEP l5 F~ 1. i 9 PENrasYl_vaivlA t State farm Fire and Casualty Company Plaintiff fiord Mator Company • Defendant IN THE COURT OF COMMON PLEAS OF CUMBERI.AN[? COUNTY, PENhlSYLVANIA NO. lo- 5a3~ t,:.lyi f JT~en+~ 20 Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED INt COURT. TF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH 1N THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITIiII+1 TWENTY (20} DAY5 AFTER THIS COMPLAINT AND NOTICE ARE SERVED, AY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FlI.LING II~ WRITING WITI•i TAE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAIIJST YOU. YOU ARE WARNED 1TIAT IF YOU FAII. TO DO SO TH>~ CASE MAY PROCEED WITHOTFT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEX CLAIlI+tED IN THE COMPLAINT Olt FOR ANY OTHER CLAIM OR R>rLIEF REQUESTED BY TL•Ilir PLAQI'TIFF. YOU MAY LOSE MONEY OR PEOPERTY OR•OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE TH[S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NQT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH 6EDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 ~. Case 3:02-at-06000 Document 1250-2 Filed 10/12/2010 Page 5 of 10 COZEN O'CONNOR By: Lawrence F. Walker, Esquire Identification No: 88163 1900 Market Street Philadelphia, PA 19103 215.665.6920 (phone) 215.701.2120 (fax) lwalker(u~cozen.com STATE FARM FIRE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich 1 State Farm Plaze~ Bloomington, Illinois 61702 Attorneys for Plaintiff State Farm Fire and Casualty Company Metropolitan Cas. Inc: Co. & Jack and Mary Leftwich IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: and . METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wiima Geary . 700 Quaker Lane Warwick, Rhode Island 02886 and . _ JACK and MARY LEFTWICH (H/W) 207 Evergreen Road New Cumberland, Pa. 17070-2812 Plaintiffs vs. • FORD MOTOR COMPANY 1 American Road _ Dearborn, Michigan 4$!26 Defendant JURY TIDAL DEMANDED COMPLAINT Plaintiffs, State Farm Fire and Casualty Company a/s/o Jack and Mary Leftwich (hereinafter "State Farm"), Jack Leftwich and Mary M. Leftwich and Metropolitan Casualty - Case 3:02-at-06000 Document 1250-2 Filed 10/12/2010 Page 6 of 10 Insurance Company as subrogee of Randy Geary and Wilma Geary {hereinafter "MetLife) by way of their Complaint aver as follows: TIDE PARTIES 1. Plaintiff, State Farm, is a corporation duly organized and existing under the laws of the State of Illinois with a principal place of business located at 1 State Farm Plaza, Bloomington, Illinois, and at all times relevant hereto was authorized to issue policies of property insurance in the Commonwealth of Pennsylvania. 2. Plaintiff, Metropolitan Casualty Insurance Company, is a corporation duly organized and existing under the laws of the Rhode Island with a principal place of business located at 700 Quaker Lane, Warwick, Rhode Island, and at all times relevant hereto was authorized to issue policies of automobile insurance in the Conunonwealth of Pennsylvania. 3. Jack and Mary Leftwich are adults and residents of the Commonwealth of Pennsylvania residing at 207 Evergreen Road, New Cumberland. Pa. 17070-2812 4. Defendant, Fard Motor Company ("Ford") is a Delaware corporation, with a principal place of business located at l American Road, Dearborn, Michigan, and at all times material hereto, was engaged in the business o~designing, manufacturing, distributing selling and/or supplying automobiles, including but not limited to Ford F-1 SO trucks. )FACTUAL ALLEGATEUNS 5. At all times material hereto, Jack and Mary Leftwich owned the real and personal property located at 207 Evergreen Road, New Cumberland, PA 17070-2812 {hereinafter "The Premises") 2 Case 3:02-at-06000 Document 1250-2 Filed 10/12/2010 Page 7 of 10 6. At all times material hereto, State Farm insured the real and personal property of Jack Leftwich and Mary M. Leftwich (hereinafter "State Farm's insureds"} at The Premises under policy number 3$-C7-4813-6 {hereinafter "the Property Policy".) 7. At all times material hereto, Metropolitan Casualty lnsurance Company insured the real and persanai property of Randy Geary and Wilma• Geary (hereinafter "MetLife's insureds"} that being a 2000 Ford F-150 pick-up, VIN #IFTZX1726YKB26828 (hereinafter "the Vehicle's under a policy of insurance (hereinafter "the Automobile Policy"). 8. At all times material hereto, the Vehicle was owned by MetLife's insureds Randy Geary and Wilma Geary_ 9. On or about October 12, 2008 the Vehicle caught fire while parked in front of the Premises. 10. The fire spread from the Vehicle to the Premises and resulted in severe and extensive damage and destructiorr to the Premises. 11. The fire within the Vehicle originated in the area of the speed control deactivation switch. 12. The Vehicle was subject to an open recall for the speed control deactivation switch. 13. Pursuant to the Property Policy, State Farm reimbursed its insureds in the amount of $209,380.1 S for damages resulting from the fire. 3 . -: :-: - _: Case 3:02-at-06000 Document 1250-2 Filed 10/12/2010 Page 8 of 10 ~ . 1d. Pursuant to the Automobile Policy, MetLife reimbursed its insureds in the amount of $7, 636.12 for damages resulting from the fire l5. Plaintiffs Jack and Mary Leftwich suffered an uninsured loss to their real and personal property in the amount of $SOO.QO representing their deductible interest. ' lb. In accordance with the common law principles of legal and equitable subrogation and their contractual rights of subrogation under the aforementioned policies, plaintiffs State Farm and MetLife are subrogated to the rights of their insureds with respect to any claims against defendant. COUNT I: STRICT PRODUCTS LIABILITY 17. Plaintiffs hereby incorporate by reference each and every allegation set forth above as fully as if the same were recited herein at length. • 18. Defendant Ford designed, manufactured, sold, assembled, and/or supplied the Vehicle, including the speed cantrol deactivation switch. 19. Ford distributed and placed the Vehicle into the stream of commerce. 20. The Vehicle was used for the purpose and in the manner for which it was designed and intended and/or in a manner reasonably foreseeable to defendant Ford. 21. The Vehicle and its speed control deactivation switch were unaltered and unmodi£ed since the date if left possession of defendant Ford. 22. The Vehicle was defective in its design and manufacture and unreasonably dangerous in that the speed control deactivation switch ignited as a result of corrosion of the 4 r _. ..... :.. - _ .. .._ _. - Case 3:02-at-06000 Document 1250-2 Filed 10/12/2010 Page 9 of 10 ,, metal contacts within the switch while energized, which resulted in ignition of combustible materials adjacent to the product in question. 23. As a direct and proximate result of the unreasonably defective and dangerous condition as set forth in the foregoing paragraphs, the fire occurred and caused extensive damage to plaintiffs insureds' property. 24_ Defendant Ford is strictly liable for the fire and resulting damages pursuant to Restatement (Second} of Tarts §402(a), et seq. 'WHEREFORE, plaintiffs, State Farm Fire and Casualty Company, Jack Leftwich and Ivlary M. Lefl:wich and MetLife a/s(o Randy Geary and Wilma Geary hereby demand judgment in its favor and against defendant Ford Motor Company for damages in an amount in excess of $217,772.24, together with delay damages, interest, costs of this action and such other and further relief as this Court deems appropriate. ' Respectfully Submitted, COZEN O'CONNOR B . L wrence F. Walker, Esquire Identification No: $8163 Attorneys for Plaintiffs State Farm Fire and Casualty Company, Jack Leftwich and Mary Leftwich and Metlife Dated: ~~Jt~ f a-o ~l1 s Case 3:02-at-06000 Document 1250-2 Filed 10/12/2010 Page 10 of 10 VERIFICATION I, 3aclc Leftwich, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties aft 8 Pa.C.S. § 4904 relating to unsworn falsification to authorities. L!/~~,~ .,~G r t...- . JACK LEFTWICH r~ituoeu~Hrntst~so9su zzsn3.ooo 6 Case 3:02-at-06000 Document 1250-3 Filed 10/12/2010 Page 1 of 2 EXHIBIT B Case 3:02-at-06000 Document 1250-3 Filed 10/12/2010 Page 2 of 2 CAMPBELL CAMPBELL EDWARDS & CONROY P.C. By: William A. Rubert, Esquire Attorney I.D. No.: 42208 Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610)964-1900 Attorney for Defendant, Ford Motor Company STATE FARM FIRE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich and METROPOLITAN CASUALTY INSURANCE COMPANY a/s%o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH (H/VV) Plaintiffs, vs. FORD MOTOR COMPANY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.10-5936 Civil Term JURY TRIAL DEMANDED Defendant. PRAECIPE TO FILE NOTICE OF REMOVAL TO THE PROTHONOTARY: Kindly file the attached copy of the Notice of Removal, the original of which was filed with the Clerk of the United States District Court for the Middle District of Pennsylvania on October 7, 2010. This Notice of Removal was filed pursuant to 28 U.S.C. § 1446(d). Respectfully submitted, CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. BY: ~ a. William A. Ru~ert, Esquire Attorney for Defendant, Ford Motor Company Date: October 12, 2010 Case 3:02-at-06000 Document 1250-4 Filed 10/12/2010 Page 1 of 4 EXHIBIT C Case 3:02-at-06000 Document 1250-4 Filed 10/12/2010 CAMPBELL CAMPBELL EDWARDS & CONROY P.C. By: -William A. Rubert, Esquire Attorney I.D. No.: 42208 Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 Attorneys for Defendant, Ford Motor Company STATE FARM FIlZE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich and METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH (H/W) Plaintiffs, vs. FORD MOTOR COMPANY Defendant. Page 2 of 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.10-5936 Civil Term NRY TRIAL DEMANDED NOTICE TO PLAINTIFF To: Lawrence F. Walker, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Please take notice that Defendant, Ford Motor Company, has filed a Notice of Removal in the United States District Court for the Middle District of Pennsylvania, removing this civil action now pending in the Court of Common Pleas of Cumberland County pursuant to 28 U.S.C. §1441, et seg• Also, please take notice that Defendant has filed in the United States District Court for the Middle District of Pennsylvania a copy of the Complaint served upon them which was filed in the Court of Common Pleas of Cumberland County. • Case 3:02-at-06000 Document 1250-4 Filed 10/12/2010 Page 3 of 4 Copies of this Notice of Removal and Complaint are attached to this Notice and along with this Notice are being served upon you. CAMPBELL CAM,PnBELL ED'DVARDS & CONROY, P.C. William A. Ru~ert, Esquire Attorney for Defendant, Ford Motor Company Date: October 12, 2010 Case 3:02-at-06000 Document 1250-4 Filed 10/12/2010 Page 4 of 4 CAMPBELL CAMPBELL EDWARDS & CONROY P.C. By: William A. Rubert, Esquire Attorney I.D. No.: 42208 Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 Attorneys for Defendant, Ford Motor Company STATE FARM FIRE AND CASUALTY COMPANY a/s/o Jack Leftwich and Mary M. Leftwich and METROPOLITAN CASUALTY INSURANCE COMPANY a/s/o Randy Geary and Wilma Geary and JACK and MARY LEFTWICH {H/VV) Plaintiffs, vs. FORD MOTOR COMPANY Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.10-5936 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on October 12, 2010, a copy of the foregoing Praecipe to File Notice of Removal was mailed first-class, postage prepaid, to counsel for Plaintiff at the following address: Lawrence F. Walker, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 CAMPBELL CAMPBELL} EDWARDS & CONROY, P.C. BY: ~I ~ i iam A. Rubert, Esquire ~4ttorney for Defendant, Ford Motor Company