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Home My WebLink About11-3977THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS REQUIRED. LAW OFFICES OF FREDERIC%L. HORN, P. C. By: Frederick L. Horn, Esquire Identification No. 40405 1525 Locust Street, Suite 1202 ATTORNEY FOR PLAINTIFFS Philadelphia, PA 19102 (215) 545-8999 SODU ABDULLAH and COURT OF COMMON PLEAS MARIDAM MASALE, h/w CUMBERLAND COUNTY 874 Country Lake Drive Harrisburg, PA 17111 VS. p No. 11 3 l 7 ? lV Y? I LESLIE CARROLL PRICE 110 Everett Road Marydel, MD 21649 And SMITH TRANSPORT, INC. ii-` 153 Smith Transport Road =E' rn Roaring Spring, PA 16673 <> C) And a --q cD SMITH TRUCKING COMPANY 153 Smith Transport Road Roaring Spring, PA 16673 , a And SMITH TRANSPORTATION 153 Smith Transport Road Roaring Spring, PA 16673 And SMITH TRANSPORTATION, INC. : 153 Smith Transport Road Roaring Spring, PA 16673 And SMITH TRUCKING, INC. Goose Hill Road PO Box 259 Jefferson, ME 04248 04- 0-to 1,203b q*a54SLM COMPLAINT IN CIVIL ACTION 2V MOTOR VEHICLE ACCIDENT NOTICE You have been sued in court If you wish to defend against the claims et forth in the following pages you must take action within twenty (20) days after this complaint and notice are served by en erin a write appearance QglsonallY or b? attorney and film in the court your defenses or obi nos to the cidms et forth against vouYou ou are warned that if YOU fail to do so the case may proceed wrtbout you and a and inept m3Ybeentered a must Without yoi. by by the the _„_.. court g:?.,«t further notice for any money claimed in the comp) 'n or for any oth r claim or relief reauested by the plaintiff You may lose money or property 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. 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3302 (717) 249-3166 1. Plaintiffs, Sodu Abdullah and Maridam Masale, husband and wife are adult individuals who reside at 874 Country Lake Drive, Harrisburg, Pennsylvania 17111. 2. Defendant, Leslie Carroll Price, on information and belief, is an adult individual who resides at 110 Everett Road, Marydel, Maryland 21649. 3. Defendant, Smith Transport, Inc., on information and belief, is a Company with a place of business located at 153 Smith Transport Road, Roaring Spring, Pennsylvania 16673. 4. Defendant, Smith Trucking Company, on information and belief, is a Company with a place of business located at 153 Smith Transport Road, Roaring Spring, Pennsylvania 16673. 5. Defendant, Smith Transportation, on information and belief, is a Company with a place of business located at 153 Smith Transport Road, Roaring Spring, Pennsylvania 16673. 6. Defendant, Smith Transportation, Inc., on information and belief, is a Company with a place of business located at 153 Smith Transport Road, Roaring Spring, Pennsylvania 16673. 7. Defendant, Smith Trucking, Inc., on information and belief, is a Company with a place of business located at Goose Hill Road, PO Box 259, Jefferson, Maine 04248. 8. At all times relevant hereto, the defendants, Smith Transport, Inc., Smith Trucking Company, Smith Transportation and Smith Trucking, Inc., were the owners of said motor vehicle operated by defendant, Leslie Carroll Price, involved in the subject accident. 9. At all times relevant hereto, the defendant, Leslie Carroll Price, was the principle, agent, workman, servant, and/or employee of Defendants acting within the scope of defendants' authority. 10. During all times material herein, plaintiffs elected full tort coverage. 11. On or about May 26, 2009, plaintiff, Sodu Abdullah, was operating a motor vehicle traveling East on SR0011 (Carlisle Pike) in the left lane at or about its intersection with Cumberland Drive, in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania. 12. At the aforesaid time and place, defendant, Leslie Carroll Price, negligently, recklessly and carelessly operated the motor vehicle East on SR0011 (Carlisle Pike) in the right lane at or about its intersection with Cumberland Drive, when defendant, Leslie Carroll Price, attempted to make a left turn onto Cumberland Drive, in the path of plaintiff Sodu Abdullah's vehicle, so as to cause Defendants' vehicle to violently collide with plaintiff Sodu Abdullah's motor vehicle forcing it into a construction site hole/drain, causing serious injuries to plaintiff, Sodu Abdullah, as more fully described herein. COUNTI PLAINTIFF SODU ABDULLAH v. DEFENDANT LESLIE CARROLL PRICE 13. Plaintiff, Sodu Abdullah, hereby incorporates by reference paragraphs 1 through 12 as though same were fully set forth herein. 14. The negligence, carelessness and recklessness of defendant, Leslie Carroll Price, consisted of the following: a. Operating the vehicle at a dangerous and reckless rate of speed under the circumstances; b. Failing to give proper and sufficient warning of the approach of the vehicle; c. Failing to make and maintain a proper lookout and observation; d. Failing to maintain adequate control over the operation of said vehicle; e. Operating the vehicle without due regard for the rights, safety and position of the plaintiff; f. Failing to slow, stop or swerve said vehicle when defendant knew or in the exercise of reasonable care should have known that unless he did so, said vehicles would collide; g. Failing to yield right of way; h. Failing to keep an assured clear distance ahead of plaintiffs vehicle; i. Failing to maintain the vehicle's brakes in working order; j. Failing to be attentive to the roadway ahead of and to the left of Defendant; k. In otherwise violating the ordinances of the Pennsylvania Motor Vehicle Code; and 1. Being otherwise careless, reckless, and negligent under the law, the particulars of which are presently unknown to plaintiff but which may be learned by discovery procedures provided by the Pennsylvania Rules of Civil Procedure or which may be learned at trial. 15. As a direct result of defendant, Leslie Carroll Price's, negligence, plaintiff Sodu Abdullah suffered severe bodily injury, including, but not limited to, L1-L2, L2-L3, L3-L4, L4- L5 and L5-S 1 annular bulge and facet and ligamentum flavum hypertrophy contribute to canal and neural forammal encroachment, cervical Myalgia, cervical Neuritis, thoracolumbar neuritis and subluxation disorders of the lumbosacral and sacroiliac joints. 16. As a result of his injuries, plaintiff Sodu Abdullah was precluded from his usual pursuits and activities, social and familial duties, and was otherwise deprived of the enjoyment of life and life's pleasures. 17. As a further result of his injuries, plaintiff Sodu Abdullah also suffered a sudden and violent shock to his nervous system, as well as aches, pains, mental anguish, shock and disability. 18. As a further result of his injuries, plaintiff Sodu Abdullah has been unable to undertake his normal duties and believes that he will continue to suffer impairments and disabilities in the future, which has and may result in a decrease in his earnings and earning capacity. 19. As a further result of his injuries, plaintiff Sodu Abdullah has been obliged to receive and undergo medical attention and care and to incur various expenses and he may be obliged to expend such sums or incur such expenditures for an indefinite time in the future, all to the plaintiff's great detriment and loss. WHEREFORE, plaintiff Sodu Abdullah demands judgment against defendant Leslie Carroll Price in an amount not in excess of Fifty Thousand ($50,000.00) Dollars together with costs, interest, damages for delay and any other such remedy as seen fit by this Court. C_ PLAINTIFF SODU ABDULLAH v. DEFENDANTS SNUTH TRANSPORT. INC. SMITH TRUCKING COMPANY SMITH TRANSPORTATION SMITH TRANSPORTATION INC. AND SMITH TRUCKING INC. 20. Plaintiff hereby incorporates by reference paragraphs 1 through 19 as though same were fully set forth herein. 21. Defendants, Smith Transport, Inc., Smith Trucking Company, Smith Transportation, Smith Transportation, Inc. and Smith Trucking, Inc., are the owners of the vehicle that defendant Leslie Carroll Price was operating. 22. Defendants, Smith Transport, Inc., Smith Trucking Company, Smith Transportation, Smith Transportation, Inc. and Smith Trucking, Inc., knew or should have known that defendant Leslie Carroll Price intended to use or was likely to use the vehicle in such manner as to create an unreasonable risk of harm to the plaintiff, Sodu Abdullah. 23. Defendants, Smith Transport, Inc., Smith Trucking Company, Smith Transportation, Smith Transportation, Inc. and Smith Trucking, Inc.'s, negligence is the sole and/or proximate cause of this accident, and consists, inter alia, of: a. negligently entrusting defendant Leslie Carroll Price with the vehicle when they knew that defendant Leslie Carroll Price was an unfit driver incapable of operating a vehicle in a safe and prudent manner. 24. As a direct result of defendants, Smith Transport, Inc., Smith Trucking Company, Smith Transportation, Smith Transportation, Inc. and Smith Trucking, Inc.'s, negligence, plaintiff Sodu Abdullah suffered severe bodily injury, including, but not limited to, L1-L2, L2- L3, L3-L4, L4-L5 and U-S 1 annular bulge and facet and ligamentum flavum hypertrophy contribute to canal and neural foraminal encroachment, cervical Myalgia, cervical Neuritis, thoracolumbar neuritis and subluxation disorders of the lumbosacral and sacroiliac joints. 25. As a result of his injuries, plaintiff Sodu Abdullah was precluded from his usual pursuits and activities, social and familial duties, and was otherwise deprived of the enjoyment of life and life's pleasures. 26. As a further result of his injuries, plaintiff Sodu Abdullah also suffered a sudden and violent shock to his nervous system, as well as aches, pains, mental anguish, shock and disability. 27. As a further result of his injuries, plaintiff, Sodu Abdullah, has been unable to undertake his normal duties and believes that he will continue to suffer impairments and disabilities in the future, which has and may result in a decrease in his earnings and earning capacity. 28. As a further result of his injuries, plaintiff, Sodu Abdullah, has been obliged to receive and undergo medical attention and care and to incur various expenses and he may be obliged to expend such sums or incur such expenditures for an indefinite time in the future, all to the plaintiffs great detriment and loss. WHEREFORE, plaintiff Sodu Abdullah demands judgment against defendants, Smith Transport, Inc., Smith Trucking Company, Smith Transportation, Smith Transportation, Inc. and Smith Trucking, Inc., in an amount not in excess of Fifty Thousand ($50,000.00) Dollars together with costs, interest, damages for delay and any other such remedy as seen fit by this Court. COUNT III MARIDAM MASALE vs. DEFENDANTS 29. Plaintiff, Maridam Masale, incorporates herein by reference paragraphs 1 through 28 of this Complaint as though same were fully set forth at length. 30. Plaintiff, Maridam Masale, is the wife of plaintiff, Sodu Abdullah, and as such, has also incurred expenses for the treatment of her husband's injuries and may in the future be caused to incur additional expenses. 31. As a result of all the foregoing, Plaintiff, Maridam Masale, has been deprived of the society, companionship, services and assistance of her husband to which she is legally entitled. WHEREFORE, Plaintiff, Maridam Masale, demands judgment against the defendants, individually, jointly and/or severally, in a sum not in excess of Fifty Thousand Dollars ($50,000.00) plus interest and costs. Respectfully submitted, LAW OFFICES OF FREDERICK L. HORN, P.C. By: FREDERICK L. HORN, ESQUIRE Attorney for Plaintiffs Dated: VERIFICATION I, Frederick L. Horn, Esquire, hereby state that I am the attorney for Plaintiff in this action and verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I also understand that the statements are made subject to the penalties of 18 Pa C.S.A 4904 relating to unworn falsification to authorities. Dated: By: I ?? FREDERICK L. HORN, ESQUIRE LAW OFFICES OF FREDERICK L. HORN, P.C. By: Frederick L. Horn, Esquire Identification No. 40405 1760 Market Street, Suite 400 Philadelphia, PA 19103 (215) 545-8999 !H PRO THONG TAR .i. %1 y SEP 15 PM 2: 16 CUMBERLAND COUNTY PENNSYLVANIA SODU ABDULLAH and MARIDAM MASALE, h/w vs. LESLIE CARROLL PRICE And SMITH TRANSPORT, INC. And SMITH TRUCKING COMPANY : And SMITH TRANSPORTATION And SMITH TRANSPORTATION, INC. : And SMITH TRUCKING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-3977 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter, Settled, Discontinued and Ended. Dated: G{ 01 FRTE RICK L. HORN, ESQUIRE Attorney for Plaintiffs