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HomeMy WebLinkAbout02-0372UJJAL S. MAKER and BIRI MAKER, husband and wife, PENNSYLVANIA, Plaintiffs GERALD HARRISON and LISA MOTOR LINES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. O~ ~7~k~ JURY TRIAL DEMANDED NOTICE YOU ItAVE 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 TAK~ THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAV~ A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE: {717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas cn las paginas siguientes, usted tiene veinte {20) dias de plazo al partir de la fecha de la demanda y la 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 tomara medidas y pued¢ entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. 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 ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE: (717) 249-3166 (800) 990-9108 UJJAL S. MAKER and BIRI MAKER, husband and wife, Plaintiffs Vo GERALD HARRISON and LISA MOTOR LINES, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED COMPLAINT The Plaintiffs, Ujjal Singh Maker and Biri Maker, husband and wife, by and through their attorneys, respectfully aver as follows: The Parties 1. Plaintiffs, Ujjal Singh Maker and Biri Maker are adult individuals, husband and wife, former of 25 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania, who currently reside at 105 Dibble Lane, Columbia, South Carolina. 2. Defendant Gerald Harrison is an adult individual with a last know address of 11444 CR 4344 Larue, Texas. 3. Defendant Lisa Motor Lines, Inc., is a Delaware corporation with a registered corporate mailing address at P.O. Box 655888, Dallas, Texas, a business address at 1801 Mony Street, Forth Worth, Texas, and another business address at 203 Hal Muldrow Drive, Suite 5, Norman, Oklahoma. Facts of the Collision 4. The events that give rise to the above-captioned lawsuit took place on or about April 25, 2000 on US Route 15 near the intersection of Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. This approximate date, time, and location shall hereinafter be referred to as ~the scene." 5. At the scene, Plaintiff Ujjal Singh Maker (hereinafter Ujjal Maker) was operating a 1994 Mitsubishi Montero, owned by Maker and Associates, bearing Pennsylvania Registration Plate # ATR 8402, and was at a complete stop on Southbound US route 15 behind a line of automobiles stopped for a red traffic signal at the intersection of Route 15 and Lisburn Road. 6. At the scene, traffic had stopped on Southbound SR 15 due to the red traffic signal. 7. At the scene, the vehicles in line in front of Plaintiff Ujjal Maker were as follows: a. A 1990 Buick Regal towing a boat trailer operated by Paul O. Robertson of 144 Dunfee Road, Groton, New York. b. A 1994 Ford Explorer operated by Carl E. White, Jr., of 1205 Poplar Street, Lebanon, Pennsylvania. c. A 1995 Saturn SL2 operated by Cheryl Doreen Hopkins of 4129 Mountain Road, Mechanicsburg, Pennsylvania. 8. At the scene, Defendant Gerald Harrison was operating a tractor- trailer combination on Southbound US Route 15 immediately behind Ujjal Maker. 9. The tractor Defendant Gerald Harrison was driving was a 1999 Peterbilt tractor (Oklahoma registration plate # 1RV005). 10. At the scene, Defendant Gerald Harrison carelessly and recklessly failed to stop the tractor-trailer combination in time and struck the Mitsubishi driven by Ujjal Maker in the rear, propelling the Mitsubishi into the rear of the trailer being towed by Paul O. Robertson. 11. It is believed that the Mitsubishi became airborne and was propelled into the Ford Explorer being operated by Carl E. White, Jr., and then ricocheted and struck the rear of the Saturn being operated by Cheryl Doreen Hopkins. 12. As a result of the rear-end collision, the ensuing chain of additional collisions, Ujjal Maker sustained severe and permanent injuries. 13. The collisions at the scene on April 25, 2000 were caused by the Defendants and in no way were caused or contributed to by the Plaintiffs. COUNT I NEGLIGENCE UiJal Singh Maker v. Gerald r4~_rri_=o~ and Lisa Motor Lines, Inc. 14. Paragraphs I - 13 are incorporated herein by reference as if set forth in full. 15. At all relevant times, and specifically on April 25, 2000, Defendant Gerald Harrison was an employee, servant, or agent of Defendant Lisa Motor Lines, Inc., and was acting within the course and scope of his employment, servitude, or agency. 16. At the scene, Defendant Gerald Harrison had a duty of care to operate the Lisa Motor Lines tractor-trailer in a manner reasonable under the circumstances. 17. At the scene, Defendant Gerald Harrison breached his duty of care and was negligent as follows: a. He was operating his vehicle at an excessive rate of speed under the circumstances; b. He failed to have his vehicle under proper and adequate control under the circumstances; c. He failed to apply his brakes in time to avoid a collision; d. He failed to keep a reasonable lookout for hazards and other vehicles on the roadway; e. He failed to observe the Maker vehicle stopped in front of him until he was so close that he could not stop or otherwise avoid striking the Maker vehicle; f. He failed to operate his vehicle reasonably under the circumstances according to the weather conditions, conditions of the roadway, and then-existing traffic conditions; g. He operated his vehicle at such a speed and in such a manner so as to create a dangerous situation for other motorists on the roadway; h. He failed to drive at such a speed and in such a manner so as to be able to stop his vehicle within the assured clear distance ahead which is a violation of 75 Pa.C.S. § 3361 which constitutes negligence per se. 4 18. As a direct and proximate result of the accident and the negligence of Defendant Gerald Harrison, Plaintiff Ujjal Maker suffered severe, permanent, and disabling injuries, including but not limited to: a. closed head injury; b. T-7 fracture; c. optic neuropathy, left; and d. injury to associated muscles, nerves and ligaments. 19. As a direct and proximate result of his injuries caused by the negligence of the Defendants, Plaintiff Ujjal Maker has spent sums and incurred expenses for necessary medical treatment and equipment in the past, continues to incur expenses for medical treatment and equipment, and will continue to incur similar expenses in the future, and which sums may exceed those recoverable under the Financial Responsibility Law. 20. As a direct and proximate result of his injuries caused by the negligence of the Defendants, Plaintiff Ujjal Maker has lost and will continue to lose wages and earnings. 21. As a direct and proximate result of his severe, permanent, and disabling injuries caused by the negligence of the Defendants, Plaintiff Ujjal Maker has incurred a loss of earning power and earning capacity. 22. As a direct and proximate result of his injuries caused by the negligence of the Defendants, Plaintiff Ujjal Maker has experienced in the past, 5 continues to experience, and will continue to experience in the future great pain and suffering. 23. As a direct and proximate result of his injuries caused by the negligence of the Defendants, Plaintiff Ujjal Maker has suffered a permanent diminution of his ability to enjoy life and life's pleasures. 24. Plaintiff claims punitive damages based on the conscious, reckless indifference of the Defendants. WHEREFORE, Plaintiff Ujjal Singh Maker demands judgment against Defendants, Gerald Harrison and Lisa Motor Lines, Inc., in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs. COUNT II LOSS OF CONSORTIUM NEGLIGENCE AND VICARIOUS LIABILITY Biff Maker v. Gerald Harrison and T.t=a Motor Lines, Inc. 25. Paragraphs 1 ~ 24 are incorporated herein by reference as if set forth in full. 26. Plaintiff Biri Maker has suffered from the loss of service and companionship of her husband, Ujjal Singh Maker, as a result of his injuries and pain and suffering caused by the negligence of Defendant Gerald Harrison. WHEREFORE, Plaintiff Biri Maker demands judgment against the Defendants, Gerald Harrison and Lisa Motor Lines, Inc., in an amount in excess of the amount required for compulsory arbitration, together with interest and costs. COUNT III NEGLIGENCE U_tial Singh Maker v. L~sa Motor Lines, Inc. 27. Paragraphs 1 - 26 are incorporated herein by reference as if set forth in full. 28. Defendant Lisa Motor Lines, Inc., was negligent in failing to act reasonably under the circumstances when hiring, retaining, training, employing Defendant Gerald Harrison, to operate its vehicle. 29. The injuries and damages suffered by Plaintiff Ujjal Singh Maker, detailed in Count I above, were a direct and proximate result of the negligence of Defendant Lisa Motor Lines, Inc., and its employee, Defendant Gerald Harrison. 30. The actions, omissions, conduct, and negligence of Defendant Lisa Motor Lines, Inc., set forth above displayed a wanton and reckless indifference to the health, safety, rights, and interests of others and constitutes outrageous conduct. 31. Plaintiff claims punitive damages based on the conscious, reckless indifference of the Defendant. WHEREFORE, Plaintiff Ujjal Singh Maker demands a compensatory and punitive damages judgment against Defendant Lisa Motor Lines, Inc., in an 7 amount in excess of the amount requiring compulsory arbitration, together with interest and costs. COUNT IV LOSS OF CONSORTIUM NEGLIGENCE Biri Maker v. Gerald Harrison ~_~d Lt~__~_ Motor Lines, Inc 32. Paragraphs 1 - 31 are incorporated herein by reference as if set forth in full. 33. Plaintiff Biri Maker has suffered from the loss of service and companionship of her husband, Ujjal Singh Maker, as a result of his injuries and pain and suffering caused by the negligence of the Defendants. WHEREFORE, Plaintiff Biri Maker demands a compensatory and punitive damages judgment against Defendant Lisa Motor Lines, Inc., in an amount in excess of the amount required for compulsory arbitration, together with interest and costs. Date: Re spectf~ submitted, SCHM )W, O A/k~ ~AMER, P.C. Charles E. 8chmidt, Jr., Esquire Attorney I.D. #1919~ Todd D. Getgen, Esquire Attorney I.D. #80719 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiffs 8 VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNS~I. We, Ujjal S. Maker and Biri Maker, verify that we are the Plaintiffs in the foregoing action and that the attached Complaint is based upon the information which has been gathered by our counsel in preparation of this lawsuit. The language of the Complaint is that of. counsel and is not ours. We have read the Complaint, and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the b~st of our knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, we have relied upon counsel in making this Verification. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. UJJAL S. -MAKER /'~-,,,~' ' BIRI MAKER SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-00372 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAKER UJJAL S ET AL VS. HARRISON GERALD ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,HARRISON GERALD , by United States Certified Mail postage prepaid, on the 25th day of January ,2002 at 0000:00 HOURS, at 11444 COUNTY ROAD 4344 LARUE, TX 76102-1703 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by UNCLAIMED 00/00/0000 . on Additional Comments: Sheriff's Costs: Docketing 18.00 Cert Mail 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 R. Thomas Kline Sheriff of Cumberland County Paid by SCHMIDT RONCA KRAMER Sworn and subscribed to before me this 7~ day of ~ ~ A.D. honorary on 02/25/2002 . SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-00372 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAKER UJJAL S ET AL VS. HARRISON GERALD ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LISA MOTOR LINES INC , by United States Certified Mail postage prepaid, on the 25th day of January ,2002 at 0000:00 HOURS, at 1801 MONY STREET FORT WORTH, TX 76102-1703 and attested copy of the attached COMPLAINT & NOTICE with , a true Together receipt card was signed by SHARON ZAK 01/28/2002 Additional Comments: The returned on Sheriff's Costs: Docketing 6.00 Cert Mail 4.40 Affidavit .00 Surcharge 10.00 .00 20.40 R. Thomas Kline Sheriff of Cumberland County Paid by SCHMIDT RONCA KRAMER Sworn and subscribed to before me this /~ day of T~ Dc~ A.D. /P~honotary - ~ on 02/25/2002 · Complcte items 1,2, and 3. Also complcte item 4 if Restricted Delivery is desired. · print your name and address on the reverse can return the card to you. so that we ..... '--~k of the mailpiece, Attach this card to m~ u~ · or on the front if space permits. 1. Nti¢le Addressed to; Lisa Motor Lines, Inc. 1801 Mony street Fort worth, TX 76102-1703 7001 2510 0009 101;; 6744 ~ - - Oome~ic Return Receipt A. Received by rlyes :). ts deliVerY address different from item 17 F*l No if YES, enter delivery address below: Registered 02-372 c~v UN~TED STATES POSTAL SERVtCE I First-Cla~s Mail ~ ~ Postage & Fees Paid -------__ / USPS r ' Sender: Please print your name, address, and ZIP+4 in this box · ONE COURthOUSE SQUAR~- DEPA~MENT CARLISLE PA 17013