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Home My WebLink About05-1486ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney fl) d : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutzgangino-rovner.com GENE WEIGEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. U.S. XPRESS ENTERPRISES, INC., and JOHN DOE, Defendants CIVIL ACTION - LAW/?? NO. 09- NPL el o"( ?Vj JURY TRIAL DEMANDED 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ORIGINAL 295572 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. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEPHONE 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o per medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a ,las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en In demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya per la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEFONO 717-249-3166 295572 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street I larrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz&angino-rovner.com GENE WEIGEL, Plaintiff V. U.S. XPRESS ENTERPRISES, INC., and JOHN DOE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW / NO. oS - /jqPL et l? JURY TRIAL DEMANDED COMPLAINT I. Plaintiff Gene Weigel is an adult individual and a citizen of the State of Washington, residing in Northport, Washington. 2. Defendant "John Doe" is an unidentified male truck driver, operating a U.S. Xpress Enterprises, Inc., tractor, pulling a trailer identified as trailer number 200676. 3. Defendant U.S. Xpress Enterprises, Inc., (U.S. Xpress) is a corporation engaged in interstate trucking with a principal place of business located at 4080 Jenkins Road, Chattanooga, Tennessee 37421. 4. The facts and occurrences hereinafter related took place on or about March 25, 2003, in the Flying J parking lot in Middlesex Township, Cumberland County, Pennsylvania. 5. At that time and place, Plaintiff Gene Weigel was in the cab of his 2000 Mac tractor. The tractor was parked in a row designated for truck parking. 6. Defendant "John Doe," the aforesaid male truck driver, operating a tractor-trailer, said trailer being identified as number 200676, proceeded to operate a U.S. Xpress tractor-trailer traveling in a south direction in the Flying J parking lot. 295572 7. At the time of the March 25, 2003, motor vehicle accident, Defendant "John Doe" was an employee, agent, and/or servant of Defendant U.S. Xpress Enterprises, Inc. Plaintiffs counsel has repeatedly requested that Defendant U.S. Xpress Enterprises, Inc., and its agents disclose the identity of "John Doe" and said requests have been ignored. 8. As Defendant "John Doe," the driver for U.S. Xpress proceeded to pass Mr. Weigel's stationary tractor, he caused the right rear dual wheels of his trailer to collide into the left front portion of Mr. Weigel's stationary tractor. 9. At the time of the collision, Mr. Weigel was in the sleeping berth area of his tractor, standing in a stooped position. As a result of the collision, Mr. Weigel's head struck the roof of the cab and thereafter, he was thrown to the floor inside the tractor. 10. Defendant "John Doe," the tractor-trailer driver for the U.S. Xpress truck did not stop, but left the scene of the accident. 11. The foregoing accident and all of the injuries and damages set forth herein sustained by Plaintiff Gene Weigel are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant "John Doe," a U.S. Xpress tractor-trailer driver operated his employer's vehicle, while in the scope of employment, as follows: a. failure to properly operate a tractor-trailer while in the scope of employment with Defendant U.S. Xpress Enterprises, Inc., in that said driver caused the right rear dual wheels of his trailer to collide into the left front portion of the Plaintiff's stationary tractor; b. Defendant "John Doe" operated his tractor-trailer in a negligent manner by taking a right turn too closely, causing the wheels of his trailer to collide into a stationary tractor; 2 C. failure of Defendant "John Doe" to operate a tractor-trailer safely and with due regard to the rights and safety of other tractors and their drivers that are properly parked in the Flying J parking lot. 12. Mr. Weigel sustained painful and severe injuries which include but are not limited to a concussion; numerous contusions and abrasions, especially to the left side of his face; eye ecchymosis; fracture of the left upper front tooth; chronic cervical, shoulder, and lumbar spine strains; post-traumatic degenerative arthritis causing an aggravation, exacerbation, and acceleration of a pre-existing degenerative joint condition; head injury; post-traumatic brain syndrome; chronic tinnitus, all causing impairment of memory, cognitive deficits, delayed thought processing, difficulty causing word comprehension, causing Mr. Weigel to lose his job as a tractor-trailer driver. 13. Because of the aforesaid injuries sustained by Mr. Weigel, he was forced to incur liability for medical treatment, therapy, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 14. Because of the nature of his injuries, Mr. Weigel has been advised and therefore avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 15. As a result of the aforementioned injuries, Mr. Weigel has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out his daily life activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 16. As a result of the aforementioned injuries, Mr. Weigel has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. IT As a result of the aforementioned injuries, Mr. Weigel has sustained work loss, a permanent diminution of his earning power and capacity, and claim is made therefor. 3 WHEREFORE, Plaintiff Gene Weigel demands judgment against Defendants U.S. Xpress Enterprises, Inc., and John Doe in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date:5 ;A-C6 ANGINO & ROVNER, P.C. L avid L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 -fax dlutz@angino-rovner.com Attorney for Plaintiff 4 VERIFICATION I, Gene Weigel, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. WITNESS: C Gene Weigel e) T Dated: ;'X12' '0, 2.0-6 5' 295572 ? ? ? ? 6P" ? -.? Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Qs - /Zl8l,, CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573