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HomeMy WebLinkAbout14-7257 Supreme Coin, o `Pennsylvania _ COM" Of'C01MMO pleas For Prothonotary Use Only: C >El�, ov rSh� et ,c, Docket No: CU BE County l The information collected on this form is used solely.for court administration purposes. :This form does not supplement or replace the,filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S [@ Complaint FFI Writ of Summons Petition n Transfer from Another Jurisdiction rl Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: WALTER DOBSON PENNSYLVANIA DEPARTMENT OF CORRECTIONS T Dollar Amount Requested: Rwithin arbitration limits I Are money damages requested? [@ Yes El No (check one) []outside arbitration limits a N Is this a Class Action Suit? ri,Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: LARRY GLASS, ESQUIRE 0 Check here if you have no attorney(are a Self-Represented [Pro Se) Litigant) 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 0 Intentional El Buyer Plaintiff Administrative Agencies Malicious Prosecution Q Debt Collection:Credit Card [3 Board of Assessment Motor Vehicle Debt Collection:Other 0 Board of Elections F ; Nuisance [3 Dept. of Transportation Premises Liability El Statutory Appeal:Other S x! Product Liability(does not include Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination C f Other: C_ Employment Dispute:Other E] Zoning Board T, n Other: 1 Q Other: a MASS TORT n Asbestos N El Tobacco 0 Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: [I Ejectment E] Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation n Declaratory Judgment ®] Ground Rent n Mandamus n Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY0 Mortgage Foreclosure:Commercial ' Quo Warranto 0 Dental El Partition Q Replevin ® Legal Mi Quiet Title ®Other: n Medical Other: [ Other Professional: Updated 1/1/2011 1 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA 1 Vk7, 1-t10.2 49�5 SO ev Plaintiff vs CU 2 •2 i1 G rr� �c� CD Defendant y © { 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 MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY C►,AIMED 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 O,w,4 ?A Y ` LARRY GLASS, ESQUIRE larry.glass(a4comcast.net Identification No. 20662 Two Penn Center Plaza, Suite 1850 1500 JFK Boulevard Philadelphia,PA 19102 ATTORNEY FOR PLAINTIFF (215) 275-8041 (610) 660-6193 (fax) WALTER DOBSON : COURT OF COMMON PLEAS Gaudenzia House : CUMBERLAND COUNTY 3200 Henry Avenue : CIVIL LAW DIVISION Philadelphia, PA 19129 VS. PENNSYLVANIA DEPARTMENT OF CORRECTIONS 1920 Technology Parkway NO. Mechanicsburg,PA 17050 CIVIL ACTION COMPLAINT 1. Plaintiff Walter Dobson currently resides at Gaudenzia House, 3200 Henry Avenue, Philadelphia, PA 19129. 2. Defendant Pennsylvania Department of Corrections is an agency and/or entity of the Commonwealth of Pennsylvania and has, at all relevant times, operated, maintained and/or had control of the State Correctional facility at Coal Township, PA, known as SCI-Coal Township,1 Kelley Drive, Coal Township, PA 17866; at all times material hereto, Defendant acted or failed to act by and through its agents, apparent agents, servants, workmen and/or employees in the course and scope of their agency/apparent agency/employment. 3. In December, 2012—and for periods of time prior and subsequent thereto-- Plaintiff Walter Dobson was continuously an inmate at SCI-Coal Township. ,y 4. On or about December 19, 2012, at or about 6:40-7:00 a.m., Plaintiff Walter Dobson was working in or about the "veg-prep" area of the kitchen department of SCI — Coal Township, using a slicing, dicing or similar machine. 5. At all times material hereto, said machine constituted personal property, and was in the care, custody or control of Defendant, and which was owned by and/or was in the possession or control of Defendant. 6. Unbeknownst to Plaintiff Walter Dobson, said machine and/or one or more its safety mechanisms had been altered, so that said machine was provided by Defendant to Plaintiff for his use in a defective and dangerous condition. 7. At said time and place, Defendant instructed, allowed, or otherwise authorized and/or permitted Plaintiff Walter Dobson to use said defective and dangerous machine, and as a result of using said machine Plaintiff sustained serious and severe injuries, more fully hereinafter set forth. 8. The aforesaid accident was caused by the negligence of Defendant and was due in no manner to any act or failure to act on the part of Plaintiff Walter Dobson. 9. The carelessness and negligence Defendant that caused Plaintiff Walter Dobson's injuries, consisted, inter alia, of the following: a. Failing to exercise timely, proper and adequate care, custody, and control of said machine; b. Providing said machine to Plaintiff in a defective and dangerous condition; C. Providing said machine to Plaintiff that had been altered, inter alfa, with a pencil and/or rubber bands; d. Providing said machine to Plaintiff that was not in compliance/accordance with Defendant's own requirements, knowledge, and experience, deviating in one or more dangerous ways, so as to cause Plaintiff's injuries; e. Failing to timely and properly inspect said machine; f. Failing to timely and properly remediate the above defective and dangerous conditions; g. Allowing the defective/dangerous conditions to persist; h. Failing to provide appropriately locatable, readable, understandable, realistic, and/or adequate instructions for the use of said machine; i Failing to implement proper procedures and utilize sufficient safeguards, including instructions, to prevent, guard against, and/or warn of, the dangerous and defective conditions aforementioned; j. Failing to timely and properly monitor the use of said machine; k. Failing to timely and properly supervise the use of said machine; I. Failing to timely and properly provide appropriate training in the use of said machine; M. Failing to timely and properly provide appropriate safety instruction to the users of said machine; n. Doing or failing to do the above, while knowing or having reason to know of same; o. Instructing, authorizing, allowing and/or permitting Plaintiff to use said machine despite the above; p. Violating pertinent Codes, Ordinances, and the Laws and Regulations of the Commonwealth of Pennsylvania, as well as recognized standards; q. Being liable pursuant to 42 Pa.C.S.A. Section 8522(a) and (b)(3); r. Being negligent per se; and S. Being otherwise careless and negligent under the circumstances and as discovery may disclose. 10. As a direct and proximate result of the aforementioned incident, Plaintiff Walter Dobson sustained serious and severe injuries, including but not limited to: partial amputation of the distal phalanx of the third digit of the right hand; other injuries involving tissues, blood vessels and soft parts; severe and permanent shock to his nerves and nervous system; all or some of which injuries have caused him great pain and agony, scarring, and serious disfigurement, and which have and may continue to prevent him from engaging in his daily activities, and some or all of which injuries and their consequences may be permanent in nature. 11. As a direct and proximate result of the aforementioned incident, Plaintiff Walter Dobson has undergone severe physical pain and suffering, mental anguish, humiliation, embarrassment and loss of life's pleasures and will continue to endure same for an indefinite time in the future, all to his great detriment and loss. 12. As a direct and proximate result of the aforesaid incident, Plaintiff Walter Dobson has been unable to attend to his usual daily duties and occupations and will be unable to attend same for an indefinite time into the future, all to his great detriment and loss. 13. As a direct and proximate result of the aforesaid incident, Plaintiff Walter Dobson has been and continues to be obligated to expend various sums of money and incur diverse expenses in and about an effort to cure himself of the ills and injuries which he has suffered and will be obliged to continue to expend same for an indefinite time in the future, all to his great detriment and loss. 14. As a direct and proximate result of the aforesaid incident, Plaintiff Walter Dobson has lost/may lose earnings and/or earning capacity, all to his great detriment and loss. WHEREFORE, Plaintiff Walter Dobson demands judgment in his favor and against Defendant Pennsylvania Department of Corrections in an amount not in excess of the Arbitration limits, together with interest, costs, delay damages, and counsel fees. BY: LARRY GLAS , ESQUIRE Attorney for Plaintiff VERIFICATION LARRY GLASS, ESQUIRE, attorney for the within named Complainant, verifies that the facts.set forth in the attached Civil Action Complaint are true and correct to the best of his knowledge, information and belief, and that he is authorized to make this verification on behalf of the aforesaid party, and that this statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to all authorities. LARRY GLA S, ESQUIRE Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE,OFTI Es JFIS JA1.! 2: G r CUMBFRLAi D i;t�UP41 PENNSYLVANIA Walter Dobson vs. Pennsylvania Department of Corrections Case Number 2014-7257 SHERIFF'S RETURN OF SERVICE 12/19/2014 02:20 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Staci Sentz, admin. officer, who accepted as "Adult Person in Charge" for Pennsylvania Department of Corrections at 1920 Technology Parkway, Hampden Township, Mechanicsburg, PA 17050. SHERIFF COST: $39.30 December 19, 2014 tc? CountySuite Sheriff, Toleasofi, Inc. NOAH CLINE, DEPUTY SO ANSWERS, RONIV R ANDERSON, SHERIFF Christina A. Israel Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-1464 THE ROTHOId+.,^1t.;\ 2015 JAN 12 PM 2: 25 CUMBERLAND COUNTY PENNSYLVANIA WALTER DOBSON, Plaintiff v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND CO., PENNSYLVANIA : No. 14-7257 Civil PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Pennsylvania Department of Corrections, in the above -captioned matter. Dated: January 9, 2015 Respectfully submitted, KATHLEEN G. KANE ATT Y GENERAL Christina A. Israe 8 4 Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-1464 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Praecipe for Entry of Appearance upon the persons and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Larry Glass, Esquire Two Penn Center Plaza Suite 1850 1500 FJK Boulevard Philadelphia, PA 19102 (Attorney for Plaintiff) By: Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-1464 - Direct Dial DATED: January 9, 2015 1 C7rSTO7 7A. IS' Er ,‘"A 206894 Deputy Attorney General ,•7 Christina A. Israel Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-1464 LLC JiVil 12 RI 2: CUMB.Er i..:!' to C;1 UH TY PEN S`f \tA,1111,, WALTER DOBSON, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND CO., PENNSYLVANIA Plaintiff v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Defendant : No. 14-7257 Civil STIPULATION RE: PLAINTIFF'S CIVIL ACTION COMPLAINT IT IS HEREBY STIPULATED AND AGREED between Plaintiff, Walter Dobson, and Defendant, Pennsylvania Department of Corrections, that Plaintiff's Civil Action Complaint is amended to strike and delete subparagraphs p., r., and s. from paragraph 9 of the Complaint. Larry Glass, squire (PA 20662) Two Penn Center Plaza Suite 1850 1500 JFK Boulevard Philadelphia, PA 19102 Counsel for Plaintiff, Walter Dobson Date: a A. Israel,Es i - (P 20.894) Pennsylvania OffIbtOf Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Counsel for Defendant, Pennsylvania Department of Corrections Date: /1 /is