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HomeMy WebLinkAbout11-7282William P. Douglas, Esq. F T ii E P R 0 i 110 N 0 Supreme Court I.D. 1137926 Douglas•Lawoffice 2611 SEP 20 PM 4. 1 43 W. South St. Carlisle, 17023 MBERLAND COUNTY Telephone ( (717) 243-1790 ?t1 ?? William A. Addams, Executor of the Estate of Evelyn Craig, deceased; William A. Addams, as Trustee Ad Litem on behalf of all individuals entitled to share in the recovery for the Wrongful Death of Evelyn Craig Plaintiffs In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2011 - 7282. Civil Term vs Civil action law Benuel K. King Jury Trial Demanded Defendant Amended Complaint 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 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, 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 , _ 32 S. Bedford Street Carlisle PA 17013 717-249-3166 Date: September 20, 2 1 C?-a37g Complaint 1. The plaintiffs, William A. Addams, Executor of the Estate of Evelyn Craig, deceased; and William A. Addams, as Trustee Ad Litem, on behalf of all individuals entitled to share in the recovery for the Wrongful Death of Evelyn Craig, has a place of business located at 43 West South Street, Carlisle, Cumberland County, Pennsylvania. 2. The defendant, Benuel K. King, is an adult individual residing at 3430 Big Spring Road, Blain, Perry County, Pennsylvania, 17006. 3. On or about, May 17, 2010, Evelyn Craig was attempting to walk across College Street in the Borough of Carlisle in the vicinity of Penn Street. At all times relative hereto, she was walking in an easterly direction and crossing within the designated cross-walk. 4. At about the same time and place, the defendant was operating a 1997 Kia automobile in a northerly direction on the same roadway and proceeded to collide with the plaintiff. The defendant failed to observe Evelyn Craig prior to striking her. 5. The 1997 Kia the defendant was driving was not owned by the defendant, it was owned by Michelle A. Mance. Michelle A Mance is not a relative of Benuel K. King nor is she a resident of his household. The vehicle being operated by Benuel K. King at the time of the accident was not furnished and available for his regular use. 6. The impact occurred as a direct and proximate result of the defendant's negligence. 7. The defendant was negligent in the following respects: a.) failing to yield to pedestrians lawfully in the crosswalk in violation of 72 P.S.§3542; b.) failing to stop his vehicle before colliding with plaintiff; c.) failing to drive within the assured clear distance ahead; d.) failing to maintain a proper lookout; e.) failing to maintain proper and adequate control of his vehicle in violation of 72 P.S.§3361. 8. As a direct and proximate result of the negligence of the defendant, the decedent, Evelyn Craig, was injured. Her injuries include, but are not limited to: a.) Lacerations and hematomas of her right arm, right leg, head and right eye; b.) fractured pelvis; C.) broken fibula on the right; d.) ulceration of her back and legs, MRSA, sepsis and acute renal failure and death. 9. As a result of her injuries, the decedent has incurred medical expenses in amounts that may not be covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 10. As a result of her injuries, the decedent incurred pain and suffering from the time of her injury until her untimely demise on August 31St, 2010. 11. As a result of her injuries, the decedent incurred aggravation, inconvenience, disability, and a loss of life's pleasures from the time of her injury until her untimely demise on August 31St, 2010. 12. As a result of the injuries the plaintiff sustained on May 17th, 2010, she suffered a large hematoma on her right leg that tested positive for MRSA. 13. As a direct and proximate result of the negligence of the defendant, Evelyn Craig died. Count 1 -William A. Addams, Trustee Ad Litem v Benuel K. King Wrongful Death pursuant to 42 Pa. C.S.A. § 8301 14. The allegations in paragraphs 1 through 13 are incorporated herein and reference is made thereto as if fully set forth at length. 15. The decedent, Evelyn Craig, at all times relevant hereto, was a widow and never had childen. 16. As a direct and proximate result of the decedent's injuries and death, various expenses were incurred including, but not limited to, medical, nursing, funeral, burial and estate administration expenses as a result of defendant's negligent acts and/or omissions and necessitated by the injuries that caused her death. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiffs and against the defendant in an amount in excess of that requiring compulsory referral to arbitration plus costs of suit. Count 2 - William A. Addams, Executor v Benuel K. King Survival Action pursuant to Pa. C.S.A. § 8302 17. The allegations in paragraphs 1 through 16 are incorporated herein and reference is made thereto as if fully set forth at length. 18. As a direct and proximate result of the defendant's negligence, the decedent endured and suffered pain, disfigurement, aggravation, inconvenience, embarrassment, humiliation and was denied the ability to enjoy life. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiffs and against the defendant in an amount in excess of that requiring compulsory referral to arbitration plus costs of suit. September 20, 2011 Respectfully submitted, Q?L _- Q. William P. Douglas, sq. Attorney for Plai 'ff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William A. Addams, Executor Date: September 20, 2011