The URL can be used to link to this page

Home My WebLink About06-3294Michael J. Crocenzi, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 Attorney I.D. #66255 Attomeys for Plaintiff MELVIN BRYANT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. WASTE MANAGEMENT OF PENNSYLVANIA, INC Defendant NOTICE 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 BAR ASSOCIATION 32 S. BEDFORD STREET, CARLISLE, PA 17013 (717) 249-3166 Michael J. Crocemi, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 Attorney I.D. #66255 Attomeys for Plaintiff MELVIN BRYANT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. WASTE MANAGEMENT OF PENNSYLVANIA, INC Defendant NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha 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 en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 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 BAR ASSOCIATION 32 S. BEDFORD STREET, CARLISLE, PA 17013 (717) 249-3166 Michael J. Crocanzi, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 Attorney I.D. #66255 Attorneys for Plaintiff MELVIN BRYANT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WASTE MANAGEMENT OF PENNSYLVANIA, INC Defendant NO. ?o - -3,2 qy COMPLAINT AND NOW, comes the Plaintiff, Melvin Bryant, by and through his counsel, Goldberg Katzman, P.C., who state: 1. Plaintiff, Melvin Bryant is an adult individual residing at 1516 Meadowlark Way Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Waste Management of Pennsylvania, Inc., is a corporation with a business address of 4300 Industrial Park Road, Camp Hill, Cumberland County, Pennsylvania. 3. On December 15, 2005, Plaintiff was employed by the Defendant when he suffered a work-related injury. 4. On that date, the Plaintiff hit his right elbow on the step on his roll off truck and fell and hit his head. As a result of the intense pain, the Plaintiff passed out. 5. The employer was aware of the work-related injury and required that Plaintiff be treated at Harrisburg Hospital. 6. The Plaintiff was taken by ambulance to the Harrisburg Hospital. However, due to the significant delays at the hospital, the Plaintiff did not receive any treatment that day. 7. Despite his pain, Plaintiff was prepared to return to work the next day, Friday, December 16, 2005 after receiving treatment with the Defendant's workers' compensation doctor. However, he was advised by his supervisor, Erin Short, not to return until the following Wednesday, December 21, 2005. 8. The Defendant's workers' compensation claims adjusting company, Gallagher Bassett acknowledged the Plaintiffs workers' compensation claim in a letter to Plaintiff dated December 20, 2005. 9. On December 21, 2005, the Plaintiff was informed that his employment with Waste Management had been terminated. 10. Defendant wrongfully terminated Plaintiff from its employment based upon his work-related injury and workers' compensation claim. 11. "A cause of action exists under Pennsylvania law for wrongful discharge of an employee who files a claim for workers' compensation benefits." Shick v. Shire y, 552 Pa. 590, 604 (Pa. 1998). 12. Due to Defendant's wrongful termination, the Plaintiff has suffered wage loss, loss of fringe benefits, humiliation and emotional distress. 2 WHEREFORE, Plaintiff demands judgment against the Defendant for his wrongful termination and seeks damages for loss of back and future wages, loss of fringe benefits, humiliation, and emotional distress, punitive damages, attorney's fees and costs in excess of $30,000.00. Respectfully submitted GOLDBERG KATZMAN, P.C. Date: t1l 7 /-e 135110.1 Michael J. Crodenzi, Esquire Attorney ID 466255 Carly J. Wismer, Esquire Attorney ID #92598 320 Market Street Harrisburg, PA 17108 717-234-4161 Attorneys for Plaintiff 3 VERIFICATION I, MELVIN BRYANT, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. ` n p_ C' A21 C-. A- MELVIN BRYA T Date: G L ? '?. ?' ? ? 0 O c'c7 .?, ? ? ,.? ? ..? ?- -. T r:? T? ? ? ?? -G Mark T. Phillis PA ID No. 66117 LITTLER MENDELSON, P.C. 625 Liberty Avenue Dominion Tower, 26h Floor Pittsburgh, PA 15222 (412) 201-7636 FAX (412) 456-2377 MELVIN BRYANT, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff, . PENNSYLVANIA V. WASTE MANAGEMENT OF PENNSYLVANIA, INC., Defendant. Notice to Plead TO: Plaintiff No. 06-3294 Civil Term You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. /V %` Mark T. Phillis ' . Attorney for Waste Management of Pennsylvania, Inc., Defendant. ANSWER AND NEW MATTER AND NOW COMES Defendant, Waste Management of Pennsylvania, Inc., and files the following Answer and New Matter: After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 1, thus strict proof thereof is demanded. To the extent a response is deemed necessary, the averments are denied. 2. Defendant admits the averments of Paragraph 2. 3. Defendant admits the averments of Paragraph 3. 4. Defendant admits in part and denies in part the averments of Paragraph 4. Defendant admits that Plaintiff reported that he hit his right elbow on his roll off truck, fell and hit his head. Defendant admits that Plaintiff passed out. After reasonable investigation, Defendant is unable to determine the truth of the remaining averments in Paragraph 4, thus strict proof thereof is demanded. To the extent a response is deemed necessary, the averments are denied. 5. Defendant admits in part and denies in part the averments of Paragraph 5. Defendant admits that it was aware that Plaintiff had a work-related injury. Defendant denies that it required that Plaintiff be treated at Harrisburg Hospital. To the contrary, Defendant urged Plaintiff to allow the paramedics to take him to either Harrisburg Hospital or Holy Spirit Hospital. Plaintiff refused to allow the paramedics to transport him from his work site to the hospital. Plaintiff was told that if he did not go to the hospital, he would not be able to drive his car from Defendant's property. 6. Defendant admits in part and denies in part the averments of Paragraph 6. Defendant admits that Plaintiff was taken by ambulance from Seidle Memorial Hospital to the Harrisburg Hospital. Defendant admits that Plaintiff did not receive any treatment that day. Defendant denies that Plaintiff did not receive any treatment at the Harrisburg Hospital that day due to significant delays at the hospital. To the contrary, Plaintiff chose not to wait to be treated by a physician at the Harrisburg Hospital. 7. Defendant admits in part and denies in part the averments of Paragraph 7. Defendant admits that Plaintiff met with Defendant's physician, who is one of the doctors Defendant has designated to deal with work-related injuries, on December 16, 2005. Defendant admits that Plaintiffs supervisor, Erin Short, did not permit Plaintiff to report to work on December 16, 2005. Defendant denies that Plaintiff was told not to return until Wednesday, December 21, 2005. To the contrary, Ms. Short told Plaintiff that, as is the standard protocol, he would be suspended for three days pending an investigation of the incident. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether Plaintiff was in pain on December 16, 2005, thus strict proof thereof is demanded. To the extent a response is deemed necessary, the averments are denied. 8. Defendant admits in part and denies in part the averments of Paragraph 8. Defendant admits that Gallagher Bassett acknowledged Plaintiffs workers' compensation claim in a letter dated December 20, 2005. Defendant denies that Gallagher Bassett is Defendant's claims adjusting company. To the contrary, Gallagher Bassett is Defendant's third party administrator for workers' compensation claims. 9. Defendant denies the averments of Paragraph 9. To the contrary, Plaintiff was informed that his employment with Waste Management had been terminated on December 20, 2005. 10. The averments in Paragraph 10 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, the averments are denied. 11. The averments in Paragraph 11 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, the averments are denied. 12. The averments in Paragraph 12 constitute conclusions of law to which no response is required. To the extent a response is deemed necessary, the averments are denied. NEW MATTER While Plaintiff was employed by Waste Management of Pennsylvania, Inc., he was an at-will employee. 2. On September 8, 2005, Plaintiff agreed to a Last Chance Agreement, a copy of which is attached hereto as Exhibit 1 and is incorporated herein by reference. 3. Plaintiff read, understood and signed the document attached hereto as Exhibit 1. 4. Plaintiff did not seek any medical treatment for his elbow after December 16, 2005. 5. Plaintiff was involved in an accident in which a telephone line was torn off of a house on January 25, 2005. 6. Plaintiff was involved in an accident on September 2, 2005 in which he hit overhead wires. 7. Plaintiff did not follow established safety procedures when exiting his roll off truck on December 15, 2005. 8. Plaintiff was trained on how to safely exit his roll off truck. 9. Plaintiff fails to state a claim upon which relief can be granted. 4 10. Defendant at all times acted in good faith and in accordance with the law. 11. Upon information and belief, Plaintiff has failed to mitigate his damages. 12. Plaintiff cannot recover attorneys' fees even if he were to prevail on his claims. WHEREFORE, Defendant Waste Management of Pennsylvania, Inc. respectfully requests that this Complaint be dismissed with prejudice and judgment entered on behalf on Defendant. Respectfully submitted, Dated: June 30, 2006 Mark T. Phillis PA ID 66117 Littler Mendelson, P.C. Dominion Tower 625 Liberty Avenue, 2e Floor Pittsburgh, PA 15222 (412) 201-7636 Fax (412) 456-2377 mphillis littler.com Attorneys for Defendant Waste Management of Pennsylvania, Inc. r v1j.R1FICAT1ON 1.. h.rin H. Short. hereby state that I ant a Route Manager for Waste Maanagernent of Pennsylvania, Inc„ drat I am malurrind to make this VeriIleartiou on behalf of Ddendttltt, thal f have read (lie attached Dcfendauit's Answer and New Matter, and that, 1 hereby verify under Penalty of tinsworn ralsi.licition to Authorities, 18 Pa. f;'_S. y 490el, that the Jbregoing is true and correct. to (he best of my knowledge, inibi-oration ;ual helicf. r.,{r tr.. ` _..b. ?:a.?y... 1 ? . ?., a ,?......... D d '? ' 1 i .. : ate ?. I• inrnu•ia(r:,Yl.'Sy q3:. 104601. l 1" eny.??a Frill I.I. Short Waste Management Corrective Action Form Corrective Action Level": OVerbal []Written • Steps may be skipped depending upon ® Final Warning seventy of the incident, employee length of QTermination serWoe, and otherfactois Date: Date: Date: 5 G? Employee Name: Melvin Job Title: Location: Camp Hill Employee's Hire Date: (s ?S? 01 Today's Date: Reason for Corrective Action: SAFETY -LAST CHANCE AGREEMENT 9n105 Description of Incident: on September 2, Melvin damaged overhead wires while operating his company vehicle, causing a power outage. This is the second incident Melvin has had in the last 12 months. The other incident also involved overhead wires. Melvin has already completed company required additional safety training (PET) after the first incident, was aware of company policy and the hazard posed by overhead wires. Action Needed: Melvin must follow all company safety rules, procedures, and guidelines. If, within the next 12 months, Melvin violates any safety rule, policy, procedure or guideline, or if any unsafe behaviors are seen during an observation or reported by a credible source, or there is another preventable or chargeable safety incident, his employment will be Failure to comply with this and all other Company policies may result in additional corrective action up to and including termination of employment. /? 1 Employee's Signature: l ' e ,- Date: 5 qv? ('? Date: Supervisor's Signature: Human Resources Representative: ?? Date: 3 tzs' Exhibit 1 CERTIFICATE OF SERVICE I certify that on June 30, 2006, a true and correct copy of the Answer and New Matter was served by first-class, United States mail, postage prepaid upon counsel of record: Michael J. Crocenzi, Esquire Goldberg Katzman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 1 08-1268 k T. Phillis ?,> ; _ . _„ ? .? T '? ?._ ,?„ ,_ =< Michael J. Crocenzi, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street, strawberry square, P.O. Box 1268 Harrisburg PA 17108-1268 (717) 2344161 Attorney I.D. #66255 Attorneys for Plaintiff MELVIN BRYANT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3294 Civil Term WASTE MANAGEMENT OF PENNSYLVANIA, INC Defendant ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Melvin Bryant, by and through his counsel, Goldberg Katzman, P.C., who files the following Answer to Defendant's New Matter: 1. Admitted. 2. Admitted in part and Denied in part. Even though Plaintiff signed the agreement, he was forced to sign it to keep his job. The accident on 09/02/05 was due to faulty equipment and not a safety violation. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. However, the accident was due to faulty equipment. 7. Denied. 8. Admitted. 9. Denied. 10. Denied. 11. Denied. 12. Denied. Date: / D Respectfully submitted GOLDBERG KATZMAN, P.C. Michael J. Cro enzi, Esquire Attorney ID #66255 320 Market Street Harrisburg, PA 17108 717-234-4161 Attorneys for Plaintiff 136783.1 VERIFICATION I, MELVIN BRYANT, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. MELVIN BRYA T Date: , 1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Mark T. Phillis, Esquire Littler Mendelson Dominion Tower 625 Liberty Avenue 26s' Floor Pittsburgh, PA 15222-3110 Respectfully submitted Date: 21 / 0 Michael J. Cr cenzi, Esquire Attorney ID #66255 320 Market Street Harrisburg, PA 17108 717-234-4161 Attorneys for Plaintiff r..? ?> =?, ? .? ? ` ?. -- -., -- ? .;. ?_;? ?, SHERIFF'S RETURN - REGULAR CASE NO: 2006-03294 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRYANT MELVIN VS WASTE MANAGFEMENT OF PA INC JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WASTE MANAGEMENT OF PENNSYLVANIA INC the DEFENDANT , at 1340:00 HOURS, on the 13th day of June , 2006 at 4300 INDUSTRIAL PARK ROAD CAMP HILL, PA 17011 WAYNE HEILMAN JR by handing to COUNTY MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 11.44 4 .39 a 7- 10.00 R. Thomas Kline .00 39.83,/ 00/00/0000 '71461. By: day D uty Sheriff A. D. w Michael J. Crocenzi, Esquire Goldberg Katzman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 MELVIN BRYANT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. No. 06-3294 Civil Term WASTE MANAGEMENT OF PENNSYLVANIA, INC., Defendant. PRAECIPE TO DISCONTINUE TO: Prothonotary Please mark the Bove-captioned case discontinued with pre'udice. r1 i // '41 / Michael J. ocenzi, Esquire ark T. Phillis Goldberg Katzman, P.C. Pa. I.D. No. 66117 320 Market Street Littler Mendelson Strawberry Square Dominion Tower, 26th Floor P.O. Box 1268 625 Liberty Avenue Harrisburg, PA 17108-1268 Pittsburgh, PA 15222 (412) 201-7600 Counsel for Plaintiff Counsel for Defendant I hereby certify that the foregoing is a true and correct statement of the above case. This statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsifications to authorities. P4 f CERTIFICATE OF SERVICE t 15 I hereby certify that on this day of, 007, I served a true and correct copy of the foregoing Praecipe to Settle and Discontinue upon counsel of record via First-Class U.S. Mail. Mark T. Phillis Pa. I.D. No. 66117 Littler Mendelson Dominion Tower, 26th Floor 625 Liberty Avenue Pittsburgh, PA 15222 Firmwide:82625014.1 046621.1129 6/15/07