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HomeMy WebLinkAbout02-0737DOUGLAS, DOUGLAS & DOUGLAS 27 W. H~GH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM p. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Elaine D. Shughart Plaintiff vs General Motors Corporation Defendants In The Court of Common Pleas of Cumberland County, Pennsylvania No. 02-- 73 7 Civil Term Jury Trial Demanded Civil Action -- Law 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 REI JIEF 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Square Carlisle PA 17013 71%249-3166 DATE: February 11, 2002 Plaintiffs' Complaint 1. The Plaintiff, Elaine D. Shughart, is an adult individual, residing at 3 East Linden Drive, Dickinson Township, Cumberland County, Pennsylvania. 2. The Defendant, General Motors Corporation, is a corporation with a principal place of business located at 2860 Clark Street, Detroit, Michigan, 48232. 3. The defendant on a date on or before February 18, 2000, designed, or had designed, and manufactured, or had manufactured, a 1994 Buick Regal said vehicle bearing Pennsylvania Title Number 47332646 and Pennsylvania registration plate number AMW3662 and VIN# 2G4WD55L8R1449812. 4. The aforementioned vehicle was marketed as a 1994 Buick Regal. 5. On or about February 18, 2000, the vehicle was being operated by the Plaintiff, Elaine D. Shughart, westbound on the Pennsylvania Turnpike, in the vidnity of mile marker 233.6, Monroe Township, Cumberland County, Pennsylvania. 6. The defendant placed the vehicle in question into the stream of commerce. 7. On February 18, 2000, Elaine D. Shughart was operating her vehicle with the seatback in the upright position and was wearing her seatbelt. 8. At approximately 1:29 P.M., the aforesaid vehicle began to slide on the roadway and when the rear of the vehicle impacted with the guide-rail, the front drivers seatback deflected in a rearward direction, and Elaine D. Shughart was ejected from the vehicle. 9. The vehicle in question was not equipped with any feature that would prevent the front seat occupants from being ejected out of the rear of the vehicle. 10. The defendant, General Motors Corporation, knew that if the rear-end collision is severe enough, the load imposed against the backrest unit becomes severe and tends to cause the seatback rest unit to be deflected rearwardly from its normal upright position by twisting or rotating about its pivotal connection with the seat cushion unit and/or due to bending of the backrest frame, and/or other mechanical failure, in a rearward direction and that at angles greater than a substantial angle from the vertical the occupant tends to ramp rearwardly and off the seat assembly. 11. The defendant knew that seatback retention means were necessary to prevent or limit rearward rotation/deflection of the seatback rest. 12. Having full knowledge of the unreasonably dangerous condition of the vehicle in question, the defendant did recklessly, wantonly and willfidly fail to take reasonable and necessary steps to ascertain the current owner of the vehicle to alert them of the defective and dangerous condition of the vehicle in accordance with 49 CFR § 577 et. seq. 13. The defendant knew that vehicles that permitted restrained front seat occupants to be ejected from the vehicle would cause injury to the occupants of said vehicles. 14. The defendants did recklessly, wantonly and willingly disregard the safety of the plaintiff. 15. As a direct and proximate result of the defendant's reckless, wanton and willful disregard for the safety of the plaintiff was injured as hereinafter set forth. COUNT 1 STRICT LIABILITY 16. The allegations of paragraphs 1 through 15 are incorporated herein by reference thereto. 17. At all times relevant hereto, the defendant, was engaged in the business of designing or having designed, manufacturing or having manufactured, supplying and selling Buick automobiles. 18...Th.e defendant did design, or have designed, accordin to ' spe. cifi,,cations, manufacture, or have manufactured to ~,,: .... -'~ .... g the, tr ana sen a 1994 Buick Regal. , '~'~'~ ~l-'~:mcauons, supply 19. The defendant knew that if the vehicle were defective in design and/or manufacture, it would be unreasonably dangerous to the user of the vehicle. 20. The defendant knew that the vehicle would reach the user without substantial change. 21. The said vehicle did reach the user, Elaine D. Shughart, without any substantial change. 22. The said vehicle was defective in either its design and/or manufacture in that it caused and/or permitted drivers to be ejected from the vehicle in a rear- end collision. 23. The defendant gave no warnings of the defective design and/or manufacture of their vehicle to the user of the product. 24. As a result of the defective design and/or manufacturing of the vehicle, the seatback deflected in a rearward direction, and Elaine D. Shughart was ejected from the vehicle and severely injured. 25. As a direct and proximate result of the defective nature of the vehicle, the plaintiff suffered the following injuries, though not limited thereto: a. laceration of the top of her head b. blunt trauma c. injury to the right knee d. injury to the right leg e. injury to the right ankle f. amputation of the lower right leg g. severe and permanent scaring h. tendon, ligament, nerve and muscle damage 26. As a result of Elaine D. Shughart's injuries she has incurred substantial medical expense and she may incur medical expenses in the future. 27. As a result of the aforesaid, the plaintiff is permanently disfigured, scarred and handicapped. 28. As a result of the aforesaid, the plaintiff has endured pain and suffering, embarrassment and humiliation, aggravation and inconvenience, and a loss of life's pleasures, both past and future. 29. As a result of the aforesaid, the plaintiff has lost wages and may lose additional wages in the future. WHEREFORE, it is prayed that judgment be entered in favor of the plainlYff, Elaine D. Shughart, and against the defendant in an amount in excess of that requiring 'compulsory referral to arbitration. A jury trial is hereby demanded. COUNT 2 NEGLIGENCE 30. The allegations of paragraphs 1 through 29 are incorporated herein by reference thereto. 31. The negligence of the defendant was the immediate and proximate cause of the injuries and loss suffered by the plaintiff, Elaine D. Shughart. 32. The defendant was negligent in the following respects: a. In failing to adequately ascertain that the product was safe for the intended use b. In failing to adequately warn the plaintiff of the inherent dangers of the product c. In failing to design the product to be adequate and safe for the intended use d. In failing to correct design defects when they knew or should have known that the defects were present e. In failing to correct manufacturing defects when they knew or should have known that the defects were present f. Having full knowledge of the unreasonably dangerous condition of the vehicle and its propensity to allow the front seatback rest units to ramp in a rearward direction and the occupant(s)s to be ejected in rear-end collisions, the defendant failed to take timely and effective action to prevent injury to the plaintiff g. The defendant failed to equip the vehicle with a driver's seatback/passenger restraint system that would prevent an individual from being ejected from the vehicle, so as to make the vehicle safe for its intended purpose. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Elaine D. Shughart, and against the defendant in an amount in excess of that requiring compulsorv referral to arbitration. A jury trial is hereby demanded. - ~ COUNT 3 BREACH OF WARRANTY 33. The allegations of paragraphs 1 through 32 are incorporated herein by reference thereto. 34. The defendant impliedly and/or expressly warranted that the vehicle sold and supplied by them was safe and fit for the intended purpose. 35. As a result of the aforesaid, the defendant breached their warranty and/or warranties, which breach resulted in the injuries to the plaintiff. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff, Elaine D. Shughart, and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. - ~ February 11, 2002 Respectfully submitted, ¥~illlam p. Douglas, ~. AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or infom~ation and belief. This is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. February 11, 2002 ' ~ine D. ghughart DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Elaine D. Shughart Plaintiff VS General Motors Corporation Defendants In The Court of Common Pleas of Cumberland County, Pennsylvania No. 02-- '~'7 Civil Term Jury Trial Demanded Civil Action -- Law Dear Mr. Long: Praecipe to Reinstate the Complaint Please reinstate the complaint in the above captioned matter. Willim~a P. Douglas affor~y for plaintiff LAVIN~ COLEMAN, O'NEIL, RICCI~ FINARELLI & GRAY BY: WILLIAM J. RICCI, ESQUIRE Attorney I.D. No.: 27708 Penn Mutual Tower - Suite 1000 510 Walnut Street Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendant, General Motors Corporation ELAINE D. SHUGHART, Plaintiff V. GENERAL MOTORS CORPORATION, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Division No. 02-737 JURY TRIAL DEMANDED ENTRY OF A??E~d~CE A~O JURY TmAL DEMA~O Be advised ~t Willim J. ~cci, Esqffire is entering his appellee ~ co,scl for Defend~t, Gener~ Motors Co~oration, in ~e above captioned maaer. A j~ ~ consisting of a p~el of ~elve (12)j~ors is hereby requested. ~LLI~ J. ~, ESQUI~ A ttorneyfor Defendang General Motors Corporation Dated: April 9, 2002 LAVIN, COLEMAN, O'NEIL, RtCCI, FINARELLI & GRAY BY: WILLIAM J. RICCI, ESQUIRE Attorney I.D. No.: 27708 Penn Mutual Tower - Suite 1000 510 Walnut Street Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendant, General Motors Corporation ELAINE D. SHUGHART, : Plaintiff : : v. : Civil Division : GENERAL MOTORS CORPORATION, : No. 02-737 Defendant : COURT OF COMMON PLEAS CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby ce~ify that true and correct copies of the Entry of Appearance and Jury Trial Demand of Defendant, General Motors Corporation, were served upon all interested counsel in the manner indicated below on April 9, 2002. Service by FIRST CLASS MAIL addressed as follows: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013 LAVIN~ CO/~~LI & GRAY WILLIAM J. RICCI', ESQUIRE DENNIS P. ZIEMBA, ESQUIRE Attorneys for Defendant, General Motors Corporation LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY BY: WILLIAM J. RICCI, ESQUIRE Attorney I.D. No.: 27708 Penn Mutual Tower - Suite 1000 510 Walnut Street Philadelphia, PA 19106 (215) 627-0303 ,4ttorney for Defendant, General Motors Corporation ELAINE D. SHUGHART, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Division GENERAL MOTORS CORPORATION, : Defendant : No. 02-737 PRAECII'E TO FILE NOTICE OF REMOVAL TO THE PROTHONOTARY: Pursuant to 28 U.S.C. § 1446(b), Defendant, General Motors Corporation, hereby files a certified copy of the Notice of Removal, filed in the United District Court for the Middle District of Pennsylvania on the 10ta day of April, 2002. LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY BY: WI~ ~ DENNIS P. ZIEMBA, ESQUIRE Attorneys for Defendant, General Motors Corporation IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ELAINE D. SHUGHART, Plaintiff : V. : : GENERAL MOTORS CORPORATION, : Defendant : i i ion No. JURY TRIAL DEMANDED NOTICE OF REMOVAL FILED HARRI, SBURG, PA APR 1 0 2002 Defendant, General Motors Corporation, through its attorneys, Lavin, Coleman, O'Neil, Rieei, Finarelli & Gray, respectfully states as follows: 1. This civil action arises out of an incident in which plaintiff, Elaine D. Shughart, was operating a 1994 Buick Regal on the Pennsylvania Turnpike when her vehicle allegedly slid into the turnpike's guardrail causing her to sustain injuries. 2. This civil action was commenced and is now pending in the Court of Common Pleas of Cumberland County, Pennsylvania,'a civil action in which Elaine D. Shughart is named as an individual plaintiff and General Motors Corporation is the sole defendant. 3. Plaintiff filed a Complaint in the Court of Common Pleas of Cumberland County on or about February 1 l, 2002. 4. A copy of the subject pleading was served upon CT Corporation System, a registered agent for General Motors, on or about March 21, 2002. A copy ofplaintilTs Complaint is attached as Exhibit "A." 5. Plainfiffresides in Dickinson, Cumberland County, Pennsylvania. ¢omplain~ at ¶l. certified from}th~cord Date __.~_~cO ,,C~ ~ _ pc~ ~'~6~ / f~ .7~~-~ ~ ~.~u~ Clerk 6. Defendant, General Motors, is incorporated under the laws of the State of Delaware and maintains its pfiucipal place of business in Detroit, Michigan. 7. Plaintiff has alleged causes of actions sounding in negligence, strict liability and breach of warranty. 8. The Civil Action Complaint does not specifically state that the amount in controversy is in excess of $75,000.00, exclusive of interest and costs but counsel for plaintiff alleges the plaintiff has suffered and will in the future suffer great pain, has been and will in the future be required to expend large sums of money in an effort to cure berself of her injuries. 9. As a result, the pending civil action is one over which this Cour~ has jurisdiction under 28 U.S.C. 81332 and is one which may be removed to this Court by the noticing party pursuant to 28 U.S.C. 81441 etseq. 10. General Motors Corporation possessed sufficient facts from which it could be first ascertained that the case could be removed on March 21,2002. 11. This Notice is filed with this Court within the time for removal set forth in 28 U.S.C. 81446C0), inasmuch as thirty (30) days have not passed since the receipt by the noticing party of a paper from which it may first be ascertained that this case is one which is removable. 12. Written notice of the filing of this Notice will be given to the adverse party as required by 28 U.S.C. 81446(e). 13. A copy of this Notice will be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, as provided by 28 U.S.C. 81446(e). 14. Pursuant to U.S.C. § 1446(a), defendant has attached a copy of all process, pleadings and orders served upon the noticing party in this action. -2- Defendant, General Motors Corporation, prays that it may affect the removal of this action from the Court of Common Pleas of Cumberland County, Pennsylvania to the United States District Court for the Middle District of Peunsylvania. LAVIN, COLE. MAN~ O~NEIL, RICCI, FINARELLI & GRAY BY: ~ WILLIAM J. RICCI, ESQUIRE Attorney Identification Number: 27708 DENNIS P. ZIEMBA, ESQUIRE Attorney Identification Number: 76098 Penn Mutual Tower - Suite 1000 510 Walnut Sa'eet Philadelphia, PA 19106 (215) 627-0303 .4ttorneys for Defendant, General Motors Corporation Dated: April 10, 2002 -3- IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ELAINE D. SHUGHART, Plaintiff Vo GENERAL MOTORS CORPORATION, Defendant Civil Division No. JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I hereby certify that lxue and correct copies of the Notice of Removal of Defendant, General Motors Corporation, were served upon all interested counsel in the manner indicated below on April 10, 2002. Service by FIRST CLASS MAIL addressed as follows: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013 LAVIN, COLEMAn. O'NEIL. RICCI, FINARELLI & GRAY BY: ~ WILLIAM J. RICCI, ESQUIRE Attorney Identification Number: 27708 DENNIS P. ZIEMBA, ESQUIRE Attorney Identification Number: 76098 Penn Mutual Tower - Suite 1000 510 Walnut Street Philadelphia, PA 19106 (215) 627-0303 Attorneys for Defendant, General Motors Corporation Exhibit A ~OLAS, DOUGL~ d,: ~OLq3LAS ~W. HIGH S'r. P~,GE ~5/10 tine D. Shu~h,L,.t in The Coufl of Common Pleas of Cumberhn4 County, DA ~ k PA 17015 ! SllOOLD 'I'AK]; THIS PAPER TO YOUR ~C~ NOT ]lAVE A LAWYER OR CANNOT ~ AT ONC~ 13P YOU ~LE~B~.(~ f~T FORT~ 'ri,Ow TO ~qV OUT WHERE YOU ~..,, w. ,,.f~ r~,u.,~Wml~ PAGES, YOU MUST T~ A~ON AT ~ ''~ ......... ~r~ ~y OR BY ~ ~ONS TO~*~ ~~ .~~ Y~~ OR 03/27/?002 1~: 52 3~q GM PAC~, ~6/]B Plainth'f~' ComPlaint 6. The defeml~t ]~aced ~ vehicle In question inlo the slream of commerce. sea~aclc In tile upri~t nmq~m ~ L~.._~-_._---_ '. : -,t~--a _ua~ aer vemoe wiih - ~-- r-'- .~M was wearing ~ sealt~lL .8. At al:mt'oxlmat~l~ 1'.2~ o,t. ~ _ 83/27/ .>002 1:3:52 313 GH PP. GE; 13. The defen.da~t, kne~ that vehicles tl~t said vebid~ lhe ~ would cause Jn~q~ to I~ occupaate of · The ~ki vehicle wa~ de/ectlve L~ eih'~- ' ~o~ ' ..... ~ ~ ~ ~ ~ ~ ~de ~ a ~ ~ a ~t ~ d~ ~ ~ ~m~de~~~~ ~ ~ D. ~ w~ . Munt ~mry 'l~ 2002 PP, Fa~ 20/1B SHERIFF'S RETURN - OUT OF COUNTY CASE°NO: 2002-00737 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUGHART ELAINE D VS GENERAL MOTORS CORPORATION R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GENERAL MOTORS CORPORATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 17th , 2002 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 116.00 .00 153.00 04/17/2002 ./ Thomas Kl~n~ / Sheriff of Cumbert~and County DOUGLAS DOUGLAS DOUGLAS Sworn and subscribed to before me this 7~ day of ~ ~oo P.~ A.D. 7- /- Prothonotary Return this form to Cun)berland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Elaine D, Shughart VS. General Motors Corporation SERVE: General Motors Corporation NO. 02 737 civil Now, March 11, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 OZ, at } I: I0 o'clock M. served the by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this~Pr~day of Marc h , 20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA