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HomeMy WebLinkAbout13-0077JOHN HAYAS, ESQUIRE 6121 Stephen's Crossing Mechanicsburg, PA 17050 (717) 979-4840 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeanne McNally and Michael McNally, CIVIL ACTION NO. /3 ~ ~~ ?7 CiVi ~e/'A' for themselves individually and as the parents of their minor children, Seamus McNally and Mairead McNally, JURY TRIAL DEMANDED . ~ ~7 ^, t Plaintiffs ~~ w -~-~ -~, v. i~ ' ~ r~ TRUMBULL CORP., ; v'r ~ D ~ ~- ~ r,-, c~ ~' 225 North Shore Drive ~ C' r ' -~ ~ ° Pittsburgh, PA 15212 ; ? te..' $ m~ r`v ~~' Defendant ; 1 ~ .~, ~~ ~-, CIVIL ACTION COMPLAINT - NOTICE TO PLEAD 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 maybe 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 plaintiffs. 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 CANNOTAFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association Lawyer Referral Service Carlisle, Pennsylvania 17013 (717) 249-3166 n 103.75 Pn ~~ C'!f' odl r/o~ k~dB~Ig10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeanne McNally and Michael McNally, for themselves individually and as the parents of their minor children, Seamus McNally and Mairead McNally, CIVIL ACTION NO. JURY TRIAL DEMANDED Plaintiffs v. TRUMBULL CORP., P.O. Box 6774 Pittsburgh, PA 15212 Defendant COMPLAINT AND NOW, comes the Plaintiffs, and by their attorney, John Havas, Esquire, respectfully aver and say as follows: 1. Plaintiffs, Jeanne McNally and Michael McNally, are adult individuals who reside at 18 Maryland Avenue, Rockville, Maryland. 2. Plaintiffs, Jeanne McNally and Michael McNally, are the parents of Seamus McNally, age 8, and Mairead McNally, age 4, who reside with them at the above address. 3. Defendant, Trumbull Corp., is believed to be a Pennsylvania business corporation with headquarters in Pittsburgh, Allegheny County, Pennsylvania, which engages in construction projects, including road repair and overpass/bridge repair an,~ construction projects. 4. Prior to, on and after June 30, 2012, Defendant was engaged by contract in repairing and replacing the overpass at Slate Hill Road, in Lower Allen Township, Cumberland County. Pennsylvania, which crosses above Route 15, a heavily traveled four lane highway where the speed limit is 55 mph. 5. On June 30, 2012 at about 2:46 p.m. the McNally family was traveling in a northerly direction on Route 15 when a large whitish rock/piece of concrete debris fell from the said overpass and violently struck and damaged the windshield of their vehicle (a 2011 Land Rover LR 4), causing a hole the approximate size of a softball. 6. All members of the McNally family screamed when the event described in paragraph 5 occurred, and alI were emotionally shaken and distressed by the occurrence, which could have been catastrophic had Jeanne McNally, who was driving at the time, not been able to successfully control the McNally vehicle and bring it to a stop on the berm of Route 15 approximately several hundred yards past the said overpass, 7. The McNallys, after pulling onto the berm of Route 15, needed about ten minutes to calm and reassure themselves and their children of their well being, and to assess the damage. 8. From their position on the berm of Route 15 north of the Slate Hill Road overpass, Jeanne and Michael McNally observed chunks of concrete on the side of Route 15 and in the area of the overpass. 9. When the McNally family arrived at the home of Jeanne's parents about 25 minutes after this incident, they were still visibly upset as a result of what ha'd occurred. 10. The next day, July 1, 2012, Jeanne and Michael McNally returned to the scene. and from a much closer distance observed concrete debris on and near the road (Route 15) and side of the road in the area of what they later learned was the Defendant's project. 11. Two weeks later, on or about July 15, 2012, the McNallys again drove under Defendant's Slate Hill Road overpass project and were dismayed to still see concrete debris in the area of the road, making them fearful that what had happened to them was an ongoing, potentially catastrophic situation. As a result, on that day Jeanne McNally reported this ongoing dangerous situation to the Lower Allen Police Department. 12. A couple of days thereafter, Jeanne McNally was contacted by telephone by Phillip D. Hannah, Trumbull engineer in charge of the Slate Hill Road overpass site, who requested and received background information from Jeanne McNally on the occurrnce. Weeks went by without the McNallys hearing anything further from any representative of Defendant. 13. Thereafter, Jeanne McNallys father personally visited the Lower Allen Township office of Defendant to determine Defendant's intentions. On the first visit he was told that the person in charge, Mr. Hannah, was not there. The next visit Jeanne McNallys father did meet with Mr. Hannah. When told of the occurrence, Mr. Hannah retrieved a lined legal type pad which appeared to list names, addresses and phone numbers, and asked, "Which one is she," and then named another name (not McNally.). Jeanne's father replied, "no, Jeanne McNally." Mr. Hannah then requested Jeanne's father to provide "two estimates" and "pictures," for which he was advised that the windshield had already been repaired and that the invoice would be provided. 14. A picture of the damaged windshield and a copy of the invoice of the repair of the damaged windshield were provided to Mr. Hannah, Defendant's site engineer, by letter dated August 15, 2012. A copy of said invoice, showing repair costs of $771.40, and a picture of the damaged windshield, are attached hereto as exhibits "A" (invoice) and "B" (picture of windshield.) 15. Jeanne McNally had to make two trips to the dealership which repaired the subject vehicle, expending approximately $5.00 in gas, and four hours in time, and losing use of the McNally vehicle and the use of her personal time for that period of June. 16. Ten days passed with no response forthcoming from Defendant relative to what they intended to do to compensate the McNallys for their loss, Jeanne McNallys father attempted to contact Mr. Hannah by phone. He was referred to a corporate risk management representative, with whom he left a voice box message. 17. Thereafter, Jeanne McNallys father was contacted by an outside representative of the Defendant, and then an investigative company, Veracity Research Company, seeking further fact finding, which would have required further expenditure of time and emotion and perhaps money by the McNallys as a result of the incident. 18. Construction activity, such as the repair of the Slate Hill Road overpass crossing over an extremely busy, well traveled road like Route 15, is anultra-hazardous activity which requires a duty to the traveling public of an ultra-high degree of care given the obvious catastrophic results that can occur if debris or anything falls onto the traveling public below. Defendant breached this duty of care to the McNallys. 19. Prior to knowing with certainty that the Slate Hill Road overpass project was safe to the traveling public below Route 15, including the McNallys, the road bed below the stripped beams of the Slate Hill Road project should have been boarded or netted with a fine net to capture any debris or other items falling onto Route 15 below. Failure to do this on June 30, 2012 constituted reckless disregard for the safety and well being of the traveling public, including the McNallys. 20. On June 30, 2012, the control and safety of the Slate Hill Road overpass work site was the responsibility of Defendant, and Defendant had a duty to the traveling public, including the McNallys, to keep the site safe. Count I. NegG~ence (McNally v. Trumbull Corp.) 21. Paragraphs 1 through 20 are incorporated herein as if specifically set forth herein. 22. Defendant was negligent in allowing a large concrete rock/debris to fall from the work site onto the windshield of the McNally vehicle at the date and time in question. 23. The McNallys suffered property damage, indirect repair cost damages and emotional distress as a result of Defendant's negligence. In addition, Jeanne McNally suffered a severe headache. WHEREFORE, Plaintiffs respectfully request this Honorable Court to award them damages in the amount of the damaged windshield ($771.40), for the noticed costs involved in having the same repaired (approximately $100.00), and for the unliquidated amount of emotional distress and injuries each of them suffered as a result of Defendant's negligence. Count II Reckless Indifference/Outrageous Conduct) Punitive Damases (McNallys v. Trumbull Corp.) 24. Defendant knows or should have known of the potential catastrophic injuries and property damages that could be caused by debris and other objects falling from their work project onto heavily traveled roadways such as Route 15. 25. Defendant knows or should have known that ready precautions can be taken, including but not limited to boarding the bottom of stripped beams and using fine nets beneath such beams, to prevent debris and other things from falling onto traffic below its overpass projects. 26. On the date and time in question, Defendant did not use such precautions. 27. It is believed and therefore averred that others in the traveling public suffered damages or injuries to their vehicles and persons while traveling Route 15 below Defendant's Slate Hill Road project before the McNallys suffered such damages and injuries. 28. It is believed and therefore averred that Defendant, through its experience an road projects other than the Slate Hill Road overpass project, is well aware of the dangers of allowing debris to fall onto vehicles from one of its construction sites. 29. In failing to safely and adequately secure its Slate Hill Road overpass site on June 30, 2012, Defendant exhibited reckless indifference and outrageous conduct relative to the safety and well being of the traveling public utilizing Route 15, including the McNallys. 30. Punitive damages should be assessed against Defendant and in favor of Plaintiffs as a result of Defendant's reckless indifference and outrageous conduct. WHEREFORE, Plaintiffs respectfully request this Honorable Court award Punitive Damages against Defendant and in favor of Plaintiffs in an amount that exceeds the compulsive arbitration levels. Respectfully Submitted, o. 15312 6121 Stephen's Crossing Mechanicsburg, PA 17050 Phone: 717-979-4840 FAX No. 717-796-1222 Attorney for Plaintiffs Dated: ~ ~- ~b - ~o l~- VERIFICATION I, Jeanne M. McNally, state that the facts set forth in the Complaint attached hereto are true and correct to the best of my knowledge, information and belief, and punishable by the Pennsylvania laws pertaining to perjury. e M. McNally Dated: ~ - a ~~~ /~ ~~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeanne McNally and Michael McNally, CIVIL ACTION NO. !3- 0077 for themselves individually and as the parents of their minor children, Seamus McNally and Mairead McNally, JURY TRIAL DEMANDED Plaintiffs ~ ~, ~,.; • C Q ~ v. rn~ > ~~ . s {~^„ ~ .~ G7 TRUMBULL CORP., ~ ~ ,~ z P.O. Box 6774 ,cam .~ Q...~ Pittsburgh, PA 15212 ~ ~ = ~ Q . p , , Defendant y --+ w '~" ~„ =~^ -~ - PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS -SET 1 TO: Trumbull Corp. 225 North Shore Drive P.O. Box 6774 Pittsburgh, PA 15212 Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Plaintiffs' request that Defendant produce the documents hereinafter described and permit Plaintiffs, through their attorney, to inspect them and copy such of them as they may desire. Plaintiffs request that the documents be made available for this inspection at the offices of Plaintiffs' attorney located at 6121. Stephen's Crossing, Mechanicsburg, Pennsylvania, within thirty (30) days of the date of service hereof. Plaintiffs' attorney will be responsible for these documents as long as they are in his possession. The documents will be properly returned after copying has been completed. This request is intended to cover all documents in the possession, custody and control of Defendant, its employees, insurance carriers and attorneys, and is considered to be continuing. Defendant's response to the Request should be modified or supplemented as Defendant or its attorneys obtain further additional documents up to the time of trial. Requested documents are more particularly itemized and described as follows: 1. Produce a copy of the listing of names and telephone numbers which Phillip D. Hannah authored of people making damage claims resulting from Trumbull's work on the Slate Hill Road Overpass Project. 2. Produce a copy of all documentation which reflects upon all claims made to you that property damage or injury was suffered as a result of construction debris or other items falling from the Slate Hill Road Overpass Project. 3. Produce a copy of your contract to perform the Slate Hill Road Overpass Project. 4. Produce a copy of all pictures you have of the Slate Hil] Road Overpass Project site. If, at any time, you utilized boarding or netting under that site, provide pictures of that boarding or netting or any other safety measures you used at the site that prevent against the hazards of falling debris and other falling items. 5. Provide a copy of all writings, e-mails, faxes, memoranda, PennDot regulations and other communications which you have in your possession which address the need for precaution and safety to guard against debris and other items falling upon cars traveling below your work sites. 6. Provide a copy of any notifications of any safety hazards you received from regulatory entities, including but not limited to PennDOT, OSHA, DEP, and your own in-house and private risk management personnel as well as your insurers. 7. Provide a copy of all documents you received, possess and generated or were generated by any representative, consultant, insurance company, investigative service or other entity in respect to the McNallys' claim. 8. Provide a copy of the insurance file in respect to the McNallys' claim, including the file of Zurich Insurance Company. 9. Provide a copy of any informal claim or complaint filed in courts against Trumbull for alleged negligence or recklessness on the part of Trumbull in which members of the traveling public were injured or experienced property damage as a result of debris or other items falling onto the traveling public below one of Trumbull's projects. 10. Provide a copy of all communications generated by or sent to Trumbull which address the need for care against the hazard of debris and other items falling onto the traveling public in respect to road, bridge or overpass projects. 11. Provide a copy of any communication which reflects upon the safety of the Slate Hill Road Overpass Project, including but not limited to the issue of the safeguards required to prevent concrete debris and other items from falling upon the traveling public below the Project. 12. Provide the report of any expert who has reviewed this matter and the expert report of any expert you intend to call at trial. 13. Provide a copy of every document, including pictures and videos, that you inetend to use as an exibit at trial. Respectfully Submitted. Phone: 717-979-4840 FAX No. 717-796-1222 Dated: ~,~ -,~,~.-.. ~ ~ b ~ l 1 Stephen's Crossing Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeanne McNally and Michael McNally, CIVIL ACTION NO. for themselves individually and as the parents of their minor children, Seamus McNally and Mairead McNally, JURY TRIAL DEMANDED Plaintiffs v. TRUMBULL CORP., P.O. Box 6774 Pittsburgh, PA 15212 Defendant CERTIFICATE OF SERVICE The attached discovery request was served pursuant to the Service Dictates of the Sheriff's Office of Cumberland County, Pennsylvania, concurrent with the Service of the Complaint in this matter. Therefore, the date the said Complaint was so served will constitute the date of service of the attached discovery document. Dated: _ ~ ^ lJl~ -~~ ~ '3 ~_• C) '~ " 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeanne McNally and Michael McNally, CIVIL ACTION NO. ~3- 0077 for themselves individually and as the parents of their minor children, ; Seamus McNally and Mairead McNally, JURY TRIAL DEMANDED Plaintiffs ; ~ ~, v. i ~ = r.,,'r ~ TRUMBULL CORP. ,,,~,~ A •C` O , ; P.O. Box 6774 ~ nh v ~ ~ Pittsburgh, PA 15212 x ~ ~ ~ =' ~ ~. . Defendant `"~ ~ ~` ~`=" PLAINTIFFS' REQUEST FOR ADMISSIONS SET 1 TO: Trumbull Corp. P.O. Box 6774 Pittsburgh, PA 15212 Pursuant to the Pennsylvania Rules of Civil Procedure, you are required to respond to these Requests within 45 days of service or the Requests will be deemed admitted. The hazard of concrete debris or other items falling from bridges or overpass projects poses a danger of death, serious injury and property damage to the traveling public below such projects, including those of Trumbull Corp. 2. Extreme caution must be exercised to assure that in respect to bridgeloverpass projects no debris or other item falls upon the traveling public below such projects. ,~ 3. Zero tolerance should be permitted for allowing concrete debris or other items to fall upon the traveling public below bridge/overpass projects because of the injury and damage such occurrences can cause. 4. Trumbull Corp. has given notice to its employees working on bridge/overpass projects that it cannot allow debris or other items to ever fall upon the traveling public below its projects. 5. Philip D. Hannah, Trumbull's project engineer for the Slate HilURoute 15 Overpass Project, kept a handwritten list of all claimants who notified Trumbull that debris had fallen on their vehicles while traveling on Route 15, and this list indicated the names of the McNallys and others. 6. By letter dated August 15, 2012, Trumbull and Mr. Hannah were advised to retain the list described in number 5 above. 7. Trumbull, pursuant to Plaintiffs' Request for Production of Documents, has provided a copy of the list described in No. 5 above. 8. 'Trumbull destroyed the list described in No. 5 above. Respectfully Submitted. a Jo avas, Es wire P upreme Co .15312 6121 Stephen's Crossing Mechanicsburg, PA 17050 Phone: 717-979-4840 FAX No. 717-796-1222 Dated: { ~' a ~ - oZd~~3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Jeanne McNally and Michael McNally, CIVIL ACTION NO. for themselves individually and as the parents of their minor children, Seamus McNally and Mairead McNally, JURY TRIAL DEMANDED Plaintiffs v. TRUMBULL CORP., P.O. Box 6774 Pittsburgh, PA 15212 Defendant CERTIFICATE OF SERVICE The attached discovery request was served pursuant to the Service Dictates of the Sheriff's Office of Cumberland County, Pennsylvania, concurrent with the Service of the Complaint in this matter. Therefore, the date the said Complaint was so served will constitute the date of service of the attached discovery document. Dated: -r - o ~ " ~C7 I _~_• o~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Jeanne McNally and Michael McNally, for themselves individually and as the parents of their minor children, Seamus McNally and Mairead McNally, v. TRUMBULL CORP., P.O. Box 6774 Pittsburgh, PA 15212 CIVIL ACTION NO. I3 - ObrI7 : JURY TRIAL DEMANDED Plaintiffs ~ ~ ~ ~~ ~ Nr t ~2 ~c~ • p C'? ~~ ~~ ...~, ~~ Defendant PLAINTIFFS' INTERROGATORIES -SET 1 TO: Trumbull Corp. 225 North Shore Drive P.O. Box 6774 Pittsburgh, PA 15212 e.~, ..-~ ~ -~~ x~ ~~ ~~ ~1~, ~ ~~ a¢i~` w ~; .~ -~ PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure No. 4005 to serve upon the undersigned within thirty (30) days from service hereof your answers in writing and under oath to the following interrogatories. These Interrogatories shall be deemed to be continuing interrogatories. If, between the time of your answers to said interrogatories and the time of the trial of this case, you or anyone acting on your behalf learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish the same to the undersigned by supplemental answers. 1. State the names, addresses, telephone numbers and a description of the job responsibilities of all employees of Trumbull Corp. who worked on the Slate Hill Road Overpass Project, and the dates each worked on that project. 2. State the names, addresses and telephone numbers of all persons who filed claims or who notified Trumbull, directly or indirectly, that their vehicles had suffered damages or they had suffered personal injury as a result of Trumbull's work on the Slate Hill Road Overpass Project, and state the date of notification of such an occurrence, how and what form in which such notification was received (i. e. letter, police notification, telephone call, a-mail, etc.), and the date when and the amount you paid for each such an occurrence. 3. State the date when Trumbull Corp. began performing construction work. on roads, bridges, overpasses, etc.? 4. State the date, location, and project description (i.e., road project, bridge project, overpass project, etc.) of any occurrence where a claim of damage to property or injury was claimed against Trumbull Corp. as a result of falling debris or other falling items from one of their projects, and describe the place, date, time and claimant name, address and telephone number of each such occurrence. 5. State whether anyone from Trumbull Corp. or a safety consultant for Trumbull or any other person ever advised Trumbull of the need to be careful to prevent against falling debris and other falling items into traveled roadways below its projects. State when this occurred. In what form (i. e., speech, writing, a-mail, memorandum, etc.). 6. Does Trumbull understand that falling debris from its overpass projects onto the traveling public below its projects can cause death, severe injury and a great deal of property damage? 7. State whether Trumbull Corp. is aware that boarding and netting can be used as safeguards against the damages of falling debris and objects from its overpass projects to travelers below and state whether it has used these precautions, when and where. 8. In respect to No. 7, above, state how Trumbull became informed of these safeguards, and whether Trumbull is aware of any safety rules and or government regulations which require such safeguards. If so, state the citations to such rules and regulations. 9. State whether Trumbull utilized the safeguards described in No. 7, above, on the Slate Hill Road Project, and when and why they discontinued their use. 10. State if you are aware of any PennDot regulations requiring Trumbull to employ safeguards to assure that no debris or other objects fall onto the traveling public below Trumbull work sites. If so, state the regulation, and give its citation reference. 11. Did you notify PennDot of the occurrence the McNallys experienced on June 30, 2012? Have you informed them of any other occurrences in respect to your Slate Hill Road Overpass Project? 12. Has OSHA or PennDOT ever sited Trumbull with workplace violations? If so, state when, why and briefly describe the violation. 13. Were any Trumbull employees injured on the Slate Hill Road Overpass Project work site? If so, state who, when, and how, and state the name, address and telephone number of such employee. 14. Was Trumbull notified by any police department (Lower Allen Township, State Police, etc.) of damages or injuries suffered as a result of its Slate Hill Road Overpass Project? If so, state what police department so notified Trumbull, who at Trumbull was so notified, and the date of such notif cation, and the name, address and telephone number of the person(s) alleged to have been injured or had their property so damaged. State also the type of damage or injuries incurred. 15. State the name, address, telephone number and position/title of the person who was in charge of the day to day operations of the work performed on the Slate Hill Road Overpass Project. State the dates he/she was on-site at that project, and the dates he was not on-site, and give the same information as to the on-site person in charge when the person in charge was not in charge. 16. State your start date and date of completion for the Slate Hill Road Overpass Project. 17. State the entity with whom you contracted with to perform the Slate Hill Road Project, and give the name, address, telephone number and title of Trwnbull's contact person with that entity. 18. At any time during your work on the Slate Hill Road Overpass work site, did you request and receive permission to close down all or any part of the lanes of Route 15? If so, state when and why, and state how much of the roadway, and exactly what lanes. Who granted you permission? For what dates? 19. State the name, addresses and telephone numbers of all persons who at any time have claimed to have suffered damaged property or injury as a result of the debris or other objects falling from a Trumbull project site. 20. State if you have pictures of the Slate Hill Road Overpass Project work site, and state the dates when such pictures were taken. Pursuant to the Production of Document request served concurrent hereto, provide copies of such pictures. 21. Give the name, address and telephone numbers of all witnesses, including any expert witnesses, you intend to call at trial. 22. In respect to No. 21, above, paraphrase the contents of such expert's testimony. 23. List the name, address and telephone number of each non-expert witness you intend to call at trial, and paraphrase the contents of their expected testimony and the topics you expect them to address. Phone: 717-979-4840 Mechanicsburg, PA 17050 FAX No. 717-796-1222 Dated: / ~ ~, ~- ~ ~ ~.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeanne McNally and Michael McNally, for themselves individually and as the parents of their minor children, Seamus McNally and Mairead McNally, Plaintiffs v. TRUMBULL CORP., P.O. Box 6774 Pittsburgh, PA 15212 Defendant CIVIL ACTION NO. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The attached discovery request was served pursuant to the Service Dictates of the Sheriff's Office of Cumberland County, Pennsylvania, concurrent with the Service of the Complaint in this matter. Therefore, the date the said Complaint was so served will constitute the date of service of the attached discovery document. Jo avas, Esq mtiffs' Counsel Dated: I ' ~`I- - ~U1 ~