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Home My WebLink About01-4746SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY N. GOD & JAMES R. GOD, Her Husband, Plaintiff DARDEN RESTAURANTS, INC. d/b/al RED LOBSTER RESTAURANTS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (')1- 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 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 important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAYVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, (30 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, PA. 17013 (717) 249-3166 ~;HOLLENBERGER & JANUZZk LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY N. GOD & JAMES R. GOD, Her Husband, Plaintiff DARDEN RESTAURANTS, INC. d/b/a/ RED LOBSTER RESTAURANTS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y ia notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda, usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY N. GOD & JAMES R. GOD, Her Husband, Plaintiff DARDEN RESTAURANTS, INC. d/b/a/ RED LOBSTER RESTAURANTS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, BEVERLY N. GOD & JAMES R. GOD, by and through their attorney, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. The Plaintiffs,, are adult individuals who currently reside at Country Meadows 9, New Bloomfield, Perry County, Pennsylvania 17068. 2. The Plaintiffs, BEVERLY N. GOD & JAMES R. GOD, are husband and wife. The Defendant, DARDEN RESTAURANTS, INC. d/b/a RED LOBSTER RESTAURANTS, is a Florida corporation with corporate offices located at 6770 Lake Ellenor Drive, Orlando, Florida 32809. The facts and circumstances hereinafter set forth took place on August 17, 1999, at or about Noon at the Red Lobster Restaurant located at 4711 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. At the aforesaid time and place, Plaintiff, BEVERLY N. GOD, was an invitee of the RED LOBSTER RESTAURANT. At the aforesaid time and place, Plaintiff, BEVERLY N. GOD, after finishing lunch with her family, proceeded to the restroom at the aforesaid RED LOBSTER RESTAU RANT. Upon entry to the ladies restroom, Plaintiff, BEVERLY N. GOD, slipped on water that was on the floor of the ladies restroom. The aforesaid incident and resulting injuries to the Plaintiff, BEVERLY GOD, were a direct and proximate result of the negligence, carelessness and recklessness of Defendant, DARDEN RESTAURANTS, INC. d/b/a/RED LOBSTER RESTAURANTS, which consisted of: a. Creating a dangerous condition in a ladies restroom of its restaurant in the nature of standing water on the floor; Failing to exercise the duty of reasonable care required of business establishments to protect patrons from known and obvious dangerous conditions existing on the premises known to be used and of necessity to be used by said patrons; Failing to provide any warning of the above referenced dangerous condition; Failing to conduct reasonable inspection of the restaurant premises, thereby, failing to discover the dangerous condition caused by the existence of water on the floor of the ladies restroom; Failing to exercise reasonable care to make the condition safe or to warn patrons of the condition of the floors in the restroom; and In creating a situation where it would be necessary for patrons to encounter dangerous conditions in the course of using the restrooms at their place of business. 12. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, DARDEN RESTAURANTS, INC. d/b/a/RED LOBSTER RESTAURANTS, as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, BEVERLY N. GOD. 13. 14. 15. COUNTI BEVERLY N. GOD v. DARDEN RESTAURANTS, INC. dlblal RED LOBSTER RESTAURANTS Paragraphs 1 through 12 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. As a result of the aforesaid incident, Plaintiff, BEVERLY N. GOD, has suffered serious and permanent injuries, including but not limited to the following: Left shoulder labral tear impingement; Left shoulder impingement syndrome; Sprain and strain of the left shoulder; Shock to the nerves and nervous system; and Mental and physical anguish. As a direct and proximate result of the aforesaid injuries, Plaintiff, BEVERLY N. GOD, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, BEVERLY N. GOD, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, BEVERLY N. GOD, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, BEVERLY N. GOD, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, BEVERLY N. GOD, has sustained a permanent diminution in her ability to enjoy life and life's ~leasures for which damages are claimed. WHEREFORE, Plaintiff, BEVERLY N. GOD, demands judgment against the Defendant, DARDEN RESTAURANTS, INC., d/b/a/RED LOBSTER RESTAURANTS, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. 20. COUNT II JAMES R. GOD v. DARDEN RESTAURANTS, INC. dlblal RED LOBSTER RESTAURANTS Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 21. As a further result of injuries sustained by his wife, Plaintiff, BEVERLY N. GOD, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and Joss. WHEREFORE, Plaintiff, JAMES R. GOD, demands judgment against the Defendant, DARDEN RESTAURANTS, INC. d/b/a/RED LOBSTER RESTAURANTS, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, By: SHOLLENBER" ~ER & JANUZZI, LLP / Ka'rl .J ~'~'zzi, Esq. Attort'ey I.D. No. 65575 Dated: August2,2001 AFFIDAVIT COMMONWEALTH OF PENNSYLV^NIA :SS COUNTY OF DAUPHIN I, ~EI,,/F,E.-~-__L-L¢ /t~. ~20Z), being duly sworn according to law deposes and says that I am the Plaintiff in the foregoing action; that the facts and allegations contained herein are based upon facts given by me to my counsel and are true and correct to the best of my knowledge, information, and belief; that the language of said ~0/T~/~/_./¢//6/'T' is that of my counsel and that I have relied upon counsel in making this ~/~//O/--~g//tJ7- based upon my information. Sworn to and subscribed before me, a Notary Public, this ~O~day of ,2oo, . F ~ NOTARIAL SEAL I MARJORIE MoNAUGHTON, Notary Publb ~O~J Susquehanna Twp., Dauphin County SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff BEVERLY N. GOD & JAMES R. GOD, Her Husband, Plaintiffs DARDEN RESTAURANTS, INC. d/b/a RED LOBSTER RESTAURANTS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4746 CIVIL ACTION - LAW JURY TRIAL DEMANDED To the Prothonotary: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, Shollenberger & Januzzi, LLP Attorneys ~?lainj~f Dated: January 17, 2002