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HomeMy WebLinkAbout13-2476 Supreme Court of Pennsylvania Cour of Coml on Pleas For Prothonotary Use Only: { ivil'Cov � � h`eet T�. Cou yj S�_ t CUM 6E ,LAND . "�' r t3' Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint ❑ Writ of Summons ❑ Petition ❑ Notice of Appeal S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T KYLE CRAWFORD FRANK S. GUERRIERO I ❑ Check here if you are a Self- Represented (Pro Se) Litigant O Name of Plaintiff /Appellant Attorney: STEVEN R. SNYDER, ESQUIRE N Dollar Amount Requested: within arbitration limits Are money damages requested? : OYes El No (Check one) x outside arbitration limits A Is this a Class Action Suit? ❑ Yes 0 No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) El Employment Dispute: E Discrimination ❑ Slander/Libel/ Defamation C ❑Other: ❑Employment Dispute: Other Judicial Appeals T ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 Ali r 1?I' 3 H Y -- 6 Am,. 1"9 BOYLE LITIGATION Cb' MBENSAND Steven R. Snyder, Esquire YLVANIA Supreme Court ID No. 90994 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737 -2430 Facsimile: (717) 737 -2452 Email: srsnyder @boylelitigation.com Counsel For: Plaintiff KYLE CRAWFORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: FRANK S. GUERRIERO CIVIL ACTION AT LAW Defendants JURY TRIAL DEMANDED N O T I C E 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 OL�'N A Q q N O T I C I A Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la facha 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 objectiones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede 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 Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 2 BOYLE LITIGATION Steven R. Snyder, Esquire Supreme Court ID No. 90994 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 Phone: (717) 737 -2430 Facsimile: (717) 737 -2452 Email: srsnyder@boylelitigation.com Counsel For: Plaintiff KYLE CRAWFORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: FRANK S. GUERRIERO : CIVIL ACTION AT LAW Defendants : JURY TRIAL DEMANDED COMPLAINT NOW COMES the above named Plaintiff, Kyle Crawford, by and through his attorney, Steven R. Snyder, Esquire with the Law Firm of Boyle Litigation, and file the within Complaint, and in support thereof, avers the following: 1. Plaintiff is Kyle Crawford, an adult male with his residence located at 86 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Frank Sebastian Guerriero, an adult male with his last known residence located at 295 Orebank Road, Dillsburg, York County, Pennsylvania. 3. On or about February 08, 2012 at approximately 7:15 AM, Plaintiff was driving West on Route 581 in his 2005 Dodge Stratus nearing the US 15 North Camp Hill Exit. 4. Plaintiff signaled and moved into the right lane to exit the highway. 3 5. On the exit ramp, Plaintiff then signaled to move into the left turning lane at the next intersection. 6. As Plaintiff was moving into the left turn lane and approaching the traffic signal, a black Hummer driven by Defendant pulled in behind Plaintiff, very close to Plaintiffs rear bumper and blew his horn. 7. As plaintiff stopped at the traffic signal, Defendant stopped his vehicle behind Plaintiff's car and put his car into park. 8. Defendant then jumped out of his vehicle and ran up to Plaintiff's driver's side window and began yelling and screaming and threatening him. 9. When the light turned green, Plaintiff pulled away and continued into the Camp Hill Shopping Center where he was going to the LA Fitness gym. 10. Defendant jumped back into his hummer and continued to follow Plaintiff around the Boscov's Department Store building. 11. At that point there were two other motorists who had observed the incident from the beginning and who followed Plaintiff into the shopping center. 12. As Plaintiff parked his car in the parking lot, Defendant pulled his vehicle in behind Plaintiffs car, blocking him in and blocking traffic in the parking lot lane. 13. As Plaintiff was getting out of his car, Defendant jumped out of his Hummer and ran up to Plaintiff's car door, pulled Plaintiff out of his car and began punching Plaintiff in the face and threating Plaintiff's life. 14. Plaintiff was knocked to the ground by Defendant wherein he injured his knee, and Defendant continued to punch Plaintiff in the face. 4 15. While Defendant was punching Plaintiff, a woman who had witnessed the entire incident and followed his car into the parking lot used her cell phone to call the Camp Hill, Pennsylvania police. 16. Another man who also witnessed the attack in the parking lot ran over and was able to restrain Defendant from punching Plaintiff. 17. Officer Warren Cornelius from the Camp Hill Police Department responded to the scene and placed Mr. Frank Guerriero under arrest. 18. As a direct result of the attack, Plaintiff sustained a fractured right patella and had to undergo surgery on his knee to repair the damage to his knee and his anterior cruciate ligament (ACL) and medial collateral ligament (MCL). 19. Following the surgery, Plaintiff had to receive physical therapy three days a week for twenty -two (22) weeks and perform specific exercises two times a day for rehabilitation from the knee injury. Since the incident, and as a direct result of the attack, Plaintiff has been diagnosed with depression. 20. Plaintiff has also missed many days and hours of work in medical treatment as a result of Defendant's attack on him. 21. Plaintiff continues to struggle with anxiety while driving as a result of Defendant's attack on him. 22. Plaintiff continues to experience shooting pain in his knee as a result of Defendant's attack on him. 23. Plaintiff's physicians have informed him that his knee may never be one hundred percent and he may always have pain and difficulty with the knee. 5 24. As a direct, proximate and foreseeable result of Defendant's attack, Plaintiff has sustained the following monetary damages: Medical Expenses $20,015.42 Attorney to accompany Plaintiff to the initial hearing 250.00 Gas to and from rehab 350.00 Gym membership 360.00 Photographs of Injury 13.50 Loss of time at work (2 hours times four days a week for 12 months) 1,440.00 $22,428.92 COUNT ASSAULT, BATTERY 25. Paragraphs 1 through 24 are incorporated herein as if set forth at length. 26. Under Pennsylvania law, assault is an intentional attempt by force to do an injury to the person of another, and a battery is committed whenever the violence menaced in an assault is actually done, upon the person. Renk v. City of Pittsburgh, 537 Pa. 68, 76, 641 A.2d 289 (1994). 27. Defendant's conduct, in intentionally pulling Plaintiff from his car and repeatedly striking Plaintiff, constitutes both an assault and a battery against Plaintiff. 28. As a direct, proximate and foreseeable cause of Defendants brutal assault and battery against Plaintiff, Plaintiff has sustained serious bodily injury, requiring extensive and ongoing medical treatment, causing severe and continued pain and suffering, and resulting in financial damages as set forth herein. 6 29. "Punitive damages" are damages, other than compensation or nominal damages, awarded against a person to punish him for his outrageous conduct... conduct, that is, for acts done with a bad motive or with a reckless indifference to the interests of others." Restatement of Torts, Sec 908(1), and Comment b. 30. [Punitive] damages must be based on "malicious', `wanton', `reckless', `willful', or `oppressive' conduct on the part of defendant," taking into consideration, "the act itself together with all the circumstances including the motive of the wrongdoer and the relations between the parties." Hughes v. Babcock, 349 Pa. 475, 37 A.2d 551 (1944). 31. Defendant's conduct in attacking Plaintiff, pulling him from his car, pushing him to the ground, repeatedly punching him in the face, all because of some perceived traffic infraction, constitutes conduct which is outrageous, done with a bad motive, malicious, wanton, reckless, willful, oppressive, and completely indifference to the serious harm caused to Plaintiff, 32. Taking into consideration, "the act perpetrated by Defendant onto Plaintiff, together with all the circumstances including the motive of Defendant and the fact that the only relation between Plaintiff and Defendant is that Plaintiff was evidently driving his vehicle on the same highway as Defendant, Plaintiff is entirely entitled to punitive damages as well as compensatory damages from Defendant. WHEREFORE, Plaintiff request this honorable court award Plaintiff compensatory damages and punitive damages in an amount in excess of the statutory limits of arbitration as well as such other damages as this court finds appropriate and in the interest of justice. 7 COUNT II INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DISTRESS 33. Paragraphs 1 through 24 are incorporated herein as if set forth at length. 34. "One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm." Kazatsky v. King David Memorial Park, Inc 515 Pa. 183, 527 A.2d 988 (1987). 35. Defendants conduct was "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and [should be] regarded as atrocious, and utterly intolerable in a civilized community. Id. 36. Defendant's extreme and outrages conduct not only resulted in the physical injuries to Plaintiff from Defendant's attack, but has also resulted in severe emotional distress which has been accompanied by the manifestation of physical symptoms of depression, anxiety, difficulty sleeping and concentrating at home and at work. See Knaub v. Gotwalt, 422 Pa. 267, 220 A.2d 646 (1966), discussing the "impact rule," which requires a showing of some physical injury or impact upon the complaining party in order to prevail in a cause of action for intentionally or recklessly infliction of severe emotional distress. 8 WHEREFORE, Plaintiff request this honorable court award Plaintiff compensatory damages and punitive damages in an amount in excess of the statutory limits of arbitration as well as such other damages as this court finds appropriate and in the interest of justice. BOYLE LITIGATION Steven R. Snyder, Aquire Supreme Court I.D. No. 90994 4660 Trindle Road, Suite 200 Camp Hill, PA 17011 -7707 Phone: (717) 737 -2430 Facsimile: (717) 737 -3452 Email: srsnyder @boylelitigation.com Dated: May 2, 2013 Counsel For: Kyle Crawford 9 VERIFICATION I, Kyle Crawford, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 0),Ci " Kyla5trawford SHERIFF'S OFFICE OF CUMBERLAND CoUN,'Y Ronny R Anderson aryirI+ Sheriff Jody S Smith ,f i Chief Deputy a Richard W Stewart PEhWS ,�V,,'flA. Solicitor 0M CE OF THE i 44ZRI=r �`��}�,'fl A. �` Kyle Crawford vs. Case Number Frank S Guerriero 2013-2476 SHERIFF'S RETURN OF SERVICE 05107/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Frank S Guerriero, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 05/13/2013 08:50 AM-The requested Complaint& Notice returned by the Sheriff of York County, the within named Defendant Frank S Guerriero, not found. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, June 03, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Shenf(,Teleosoft,Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration KYLE CRAWFORD Case Number vs. 13-2476 CIVIL FRANK S. GUERRIERO SHERIFF'S RETURN OF SERVICE 05/13/2013 08:50 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: FRANK S. GUERRIERO AT 295 ORE BANK ROAD, DILLSBURG, PA 17019.THE DEFENDANT WAS FOUND TO HAVE MOVED. 05/28/2013 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: FRANK S. GUERRIERO, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT& NOTICE AS"NOT FOUND"AT 295 ORE BANK ROAD, DILLSBURG, PA 17019. PER POST OFFICE CHECK, MAIL IS DELIVERED TO ADDRESS GIVEN SHERIFF COST: $44.89 S RS, May 29, 2013 RICHARD P KEU ffRLEbER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal SWla E.Cook,Notary Public City of York,York County MY CommiSSlon Expires Feb.1,2017 MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES ------------------------------------- ------------------------------- ---------------- -------------------- -- --------------- NOTARY Affirmed and subscribed to before me this 29TH day of MAY 2013 (c)CountySuite Shenff,Teleosoft,Inc.