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Home My WebLink About12-7173OSTROFF INJURY LAW, PC By: Jonathan Ostroff, Esquire Eric M. Frost, Esquire Attorney ID No. 57968/208785 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 (610) 279-7000 Attorneys for Plaintiffs KATHERINE BENTON 2007 Walters Drive Bulls Gap, TN 37711 Plaintiff, vs. GERALD H. MATHY 202 Fitts Road Greer, SC 29651 and DMX TRANSPORTATION, INC. 2118 Airport Road Greer, SC 29651 Defendants. . COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law 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 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 maybe entered against you by the Court without further notice for any money claimed 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. 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. Lawyer Referral Service Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Q~~e1t~3.~ a ~~ $77 ~{# 2~3~F~`f OSTROFF INJURY LAW, PC By: Jonathan Ostroff, Esquire Eric M. Frost, Esquire Attorney ID No. 57968/208785 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 (610)279-7000 KATHERINE BENTON 2007 Walters Drive Bulls Gap, TN 37711 Plaintiff, vs. GERALD H. MATHY 202 Fitts Road Greer, SC 29651 and DMX TRANSPORTATION, INC. 2118 Airport Road Greer, SC 29651 Defendants. Attorneys for Plaintiffs This is an Arbitration Matter COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law No. Civil Action Com laint 1. Plaintiff, Katherine Benton, is an adult individual, who resides at the above referenced address. 2. Defendant, Gerald H. Mathy (hereinafter, "Defendant Mathy"), is an adult individual residing at the above referenced address. 3. Defendant, DMX TRANSPORTATION, INC. (hereinafter, "Defendant DMX Transportation"), upon information and belief, is a for profit trucking company incorporated in the state of South Carolina, with its principal place of business located at 960 Berry Shoals Road, Duncan, SC 29334 and a registered agents address located at 2118 Airport Road, Greer, SC 29651. At all times relevant, Defendant DMX Transportation was the owner of a 2006 Volvo VNL, with a license plate number P771307 and a Vin number 4V4NC9TJ86N415220. 4. At all time relevant hereto, Defendant DMX Transportation regularly transacted business operations within the Commonwealth of Pennsylvania and Cumberland County, namely, providing commercial and corporate moving services in the Commonwealth and the County. 5. Upon information and belief, at all times relevant hereto, Defendant Mathy was an employee-driver for Defendant DMX Transportation, acting within the course and scope of his employment and furthering his employer's business interests. 6. On or about June 12, 2012, Defendant Mathy, was expressly or impliedly permissively driving Defendant DMX Transportation's 2006 Volvo VNL. 7. On or about June 12, 2012, Defendant Mathy was operating the 2006 Volvo VNL traveling southbound on I-81 in the center lane, located in Cumberland County, PA. 8. Upon information and belief, at the aforesaid time and place, plaintiff, Katherine Benton was also operating her in the center lane traveling southbound on I-81. 9. Upon information and belief, on the date and time in question, Defendant Mathy, failing to have his vehicle under proper control and failing to stop his vehicle in the assured clear distance ahead, negligently, carelessly and recklessly read-ended the plaintiff's vehicle, causing damage to the plaintiff s vehicle and injury to the plaintiff. 10. The above-described accident resulted solely from the negligence, carelessness and recklessness of the Defendants herein and was due in no manner whatsoever to any act or failure to act on the part of plaintiff, Katherine Benton. COUNTI KATHERINE BENTON v. GERALD MATHY 11. Plaintiff incorporates herein by reference, the allegations contained in paragraphs one through ten of the Complaint, as well as all subsequent paragraphs, as if the same were fully set forth herein at length. 12. The negligence, carelessness, and recklessness of Defendant Mathy consisted of the following: a. operating his motor vehicle/ tractor trailer at a high, dangerous, and excessive rate of speed under the circumstances; b. failure to operate his vehicle with due regard for the rights and safety of the Plaintiff; c. failure to exercise due care and caution under the circumstances; d. failure to keep his vehicle under proper control; e. failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; f. failure to operate his vehicle at a safe speed; g. failure to abide by the laws of the Commonwealth of Pennsylvania and applicable provisions of the Federal Motor Carrier Safety Regulations; h. operating his motor vehicle without due regard to the rights, safety, and position of Plaintiff lawfully upon the roadway; illegally or improperly operating his vehicle while performing duties for purposes of his employment; operating his tractor trailer for a period of time in violation of state and/or federal laws; k. failure to keep his motor vehicle under proper and adequate control at all times; 1. violating motor vehicle code 3361; Driving Vehicle at Safe Speed; m. operating his vehicle while distracted; n. failure to have and keep the said vehicle under control to enable it to stop the vehicle within the assured clear distance ahead o. failing to apply the brakes in time to avoid the collision with the Plaintiff; and p. such other and further acts of negligence, carelessness and recklessness as will be developed by future discovery in this case; 13. As a result of the aforementioned negligence, carelessness and recklessness of Defendant Mathy, plaintiff, Katherine Benton suffered severe and permanent injuries. Plaintiff suffered severe pain, anxiety, depression, emotional damage, humiliation, embarrassment, loss of pleasures and enjoyment of life and a serious impairment of a bodily function. 14. As a result of the aforesaid occurrence and due to the negligence, carelessness and recklessness of Defendant Mathy, the plaintiff, Katherine Benton, was hindered and prevented from attending to her usual and customary duties. 15. As a result of the aforesaid accident, plaintiff, Katherine Benton, has been and may in the future be required to spend considerable sums of money for, but not limited to, medical treatment in an effort to treat and cure herself of the injuries sustained, any and all of which may continue to her great detriment and financial loss. 16. Plaintiff, Katherine Benton, in no manner contributed to her injuries, which resulted from the direct negligence and recklessness of the defendant named herein. 17. At the time of the incident of which complaint is herein made, the plaintiff, Katherine Benton, was regularly employed and as a result of the injuries received, has been prevented and/or may in the future be prevented from attending to that routine employment, resulting in a loss of earnings and earning power. 18. As a result of the aforesaid accident, plaintiff, Katherine Benton, has been and/or may in the future be required to spend considerable sums of money for, but not limited to, her motor vehicle, including but not limited to a deductible to have her vehicle fixed, gas expenses, etc, any and all of which may continue to her great detriment and financial loss. WHEREFORE, Plaintiff demands judgment in her favor and against all defendants, individually, j ointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs, attorneys' fees, delay damages and such further relief as may be appropriate. COUNT II KATHERINE BENTON v. DMX TRANSPORTATION INC. 19. Plaintiff incorporates herein by reference, the allegations contained in paragraphs one through eighteen of the Complaint, as well as all subsequent paragraphs, as if the same were fully set forth herein at length. 20. At the time of the subject accident, Defendant Mathy was acting as a servant, agent, ostensible agent and/or employee of Defendant DMX Transportation. 21. Defendant DMX Transportation, is responsible for and vicariously liable for the consequences of the actions and inactions of its employee, servant, agent and/or ostensible agent, Defendant Mathy. 22. The negligence, carelessness, and recklessness of Defendant DMX Transportation consisted of the following: a. operating said motor vehicle/ tractor trailer at a high, dangerous, and excessive rate of speed under the circumstances; b. failure to operate said vehicle with due regard for the rights and safety of the Plaintiff; c. failure to exercise due care and caution under the circumstances; d. failure to keep said vehicle under proper control; e. failing to operate said vehicle in accordance with existing traffic conditions and traffic controls; f. failure to operate said vehicle at a safe speed; g. failure to abide by the laws of the Commonwealth of Pennsylvania and applicable provisions of the Federal Motor Carrier Safety Regulations; h. operating said motor vehicle without due regard to the rights, safety, and position of Plaintiff lawfully upon the roadway; i. illegally or improperly operating said vehicle while performing duties for purposes of his employment; j. operating said tractor trailer for a period of time in violation of state and/or federal laws; k. failure to keep said motor vehicle under proper and adequate control at all times; violating motor vehicle code 3361; Driving Vehicle at Safe Speed; m. operating said vehicle while distracted; n. failure to have and keep the said vehicle under control to enable it to stop the vehicle within the assured clear distance ahead o. failing to apply the brakes in time to avoid the collision with the Plaintiff; and p. such other and further acts of negligence, carelessness and recklessness as will be developed by future discovery in this case; 23. As a result of the aforementioned negligence, carelessness and recklessness of Defendants aforesaid, plaintiff, Katherine Benton suffered severe and permanent injuries. Plaintiff suffered severe pain, anxiety, depression, emotional damage, humiliation, embarrassment, loss of pleasures and enjoyment of life and a serious impairment of a bodily function. 24. As a result of the aforesaid occurrence and due to the negligence, carelessness and recklessness of the aforesaid Defendants, the plaintiff, Katherine Benton, was hindered and prevented from attending to her usual and customary duties. 25. As a result of the aforesaid accident, plaintiff, Katherine Benton, has been and may in the future be required to spend considerable sums of money for, but not limited to, medical treatment in an effort to treat and cure herself of the injuries sustained, any and all of which may continue to her great detriment and financial loss. 26. Plaintiff, Katherine Benton, in no manner contributed to her injuries, which resulted from the direct negligence and recklessness of the defendants named herein. 27. At the time of the incident of which complaint is herein made, the plaintiff, Katherine Benton, was regularly employed and as a result of the injuries received, has been prevented and/or may in the future be prevented from attending to that routine employment, resulting in a loss of earnings and earning power. 28. As a result of the aforesaid accident, plaintiff, Katherine Benton, has been and/or may in the future be required to spend considerable sums of money for, but not limited to, her motor vehicle, including but not limited to a deductible to have her vehicle fixed, gas expenses, etc, any and all of which may continue to her great detriment and financial loss. WHEREFORE, Plaintiffs demand judgment in their favor and against all defendants, individually, jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs, attorneys' fees, delay damages and such further relief as may be appropriate. COUNT III KATHERINE BENTON v. DMX TRANSPORTATION INC 29. Plaintiff incorporates herein by reference, the allegations contained in paragraphs one through twenty eight of the Complaint, as well as all subsequent paragraphs, as if the same were fully set forth herein at length. 30. Defendant DMX Transportation's negligence, carelessness, and reckless conduct consisted, inter alia, of: a. negligently entrusting a motor vehicle to an individual Defendant DMX Transportation knew or should have known to have the propensities for the operation of the vehicle at an excessive rate of speed under the circumstances; b. negligently entrusting a motor vehicle to an individual Defendant DMX Transportation knew or should have known to have the propensities to drive while distracted; c. failing to properly train and supervise agents, ostensible agents, servants, borrowed servants, workmen and /or employees, including but not limited to Defendant Mathy; d. failure to comply with the standards promulgated by the Federal Motor Carver Safety Administration; and e. such other and further acts of negligence, carelessness and recklessness as will be developed by future discovery in this case. 31. The injuries sustained by Plaintiff were a direct and proximate result of the aforesaid negligence of the Defendants and were not caused or contributed to by any conduct of the Plaintiff. WHEREFORE, Plaintiffs demand judgment in their favor and against all defendants, individually, jointly and severally, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs, attorneys' fees, delay damages and such further relief as may be appropriate. Date: 4l Zaj IZ OSTROFF INJURY LAW, PC By Jonathan Ostroff, Esquire Eric M. Frost, Esquire Attorneys for Plaintiffs Nov 09 2012 3:49PM Holiday Inn Express 5707887999 page 1 11/09/2012 15:54 FAX 4843510355 LAW~OFFICES JON DSTROFF y~~tlan ®011/011 The undersigned. plaintiff in this action, wcrifics that the within pleading is based upon informatian liarnished to counsel, which has been gaihered by counscl in the preparation of thin lawsuit. The language of the attached pleading is that of counsel and not of signor. Signor verifies that the within pleading, as prepared by counsel. is true and correct to the best of signor's knowledge, information and belief. To the extent that the contents of the within pleading are that of counsel, signor has relied upon counsel in taking his verifla8tipn. This verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswam falsification to authorities. I~eithcrine entan Plaintiff t �L 1J /; Li RAWLE&HENDERSON LLP PH 4 By: Michael T. Traxler 'UMB RLAND COUNTY. Identification No.: 90961 PENNSYLVANIA Payne Shoemaker Building 240 N. Third Street, 9h Floor Attorney for Defendants, Harrisburg,PA 17101 Gerald Mathy and (717)234-7700 . DMX Transportation, Inc. KATHERINE BENTON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, CIVIL ACTION vs. + NO. 12-7173 GERALD MATHY and DMX TRANSPORTATION, INC. Defendants. PRAECIPE TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended, with Prejudice. { OSTROFF INJURY LAW,PC RAWLE&HENDERSON LLP By: �. ----� By: Eric M. Frost,Esquire Michael T. Trax er, Esquire Attorney for Plaintiff, Attorney for Defendants, Katherine Benton Gerald Mathy and DMX Transportation, Inc. 1 6458259-1 ' J i