Loading...
HomeMy WebLinkAbout06-4030 t Robert Linton, GJ2369 SCI-Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Phone Number: NONE Attorney(s) for Plaintiff NOTE: Plaintiff is currently representing himself pro-se. COMMON PLEAS COURT IN FOR THE COUNTY OF CUMBERLAND NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA ROBERT LINTON, Plaintiff vs DONALD KELCHNER, individually and in his ) official capacity as Superintendent of the State ) Correctional Institution at Camp Hill; ELOISE ) MAGEE, individually and in her official capacity ) as Corrections Food Service Manager 2 of the ) State Correctional Institution at Camp Hill; ) FRANCIS KENNEDY, individually and in his ) official capacity as Corrections Food Service ) Manager 1 of the State Correctional Institution ) at Camp Hill; RONALD SNELL and THOMAS ) BUSHMAN, individually and in their official ) capacity as Corrections Trades Instructors of the) State Correctional Institution at Camp Hill, ) Defendants „` ) NOTICE CASE NO.: 06 L/OJO Civi 1 Tfit rh COMPLAINT Civil Action - Law (Personal Injury) Jury trial demanded 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 relief requested by the plaintiff. You 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association PO Box 186 too South Street Harrisburg, PA 17108 Telephone Number: (717) 238-6807 Date: dwVT 2:22 S 6 Robert Linton Plaintiff, pro-se s Robert Linton, GJ2359 SCI-Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Phone Number: NONE Attorney(s) for Plaintiff NOTE: Plaintiff is currently representing himself pro-se. COMMON PLEAS COURT IN FOR THE COUNTY OF CUMBERLAND NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA ROBERT LINTON, Plaintiff vs. DONALD KELCHNER, individually and in his official capacity as Superintendent of the State Correctional Institution at Camp Hill; ELOISE MAGEE, individually and in her official capacity as Corrections Food Service Manager 2 of the State Correctional Institution at Camp Hill; FRANCIS KENNEDY, individually and in his official capacity as Corrections Food Service Manager 1 of the State Correctional Institution at Camp Hill; RONALD SNELL and THOMAS BUSHMAN, individually and in their official capacity as Corrections Trades Instructors of the State Correctional Institution at Camp Hill, Defendants CASE NO.: o6 ' q030 COMPLAINT Civil Action - Law (Personal Injury) Jury trial demanded PLAINTIFF ROBERT LINTON ALLEGES: 1. 1. That the true names and capacities, whether individual, or defendants sued under fictitious names are unknown to plaintiff; that when their true names and capacities are ascertained, leave will be asked to amend this complaint accordingly. f. JURISDICTION AND VENUE 2. This is a tort claims action authorized by the Political Subdivision Tort Claims Act, 42 Pa. C.S.A. §§ 8501 to 8564 to redress the personal injury negligent claim under color of state law. The court has jurisdiction under 42 Pa. C.S.A. § 931(a). Plaintiff seeks compensatory relief pursuant to § 8545 of the Tort Claims Act. 3. The Ninth Judicial District Commonwealth of Pennsylvania Common Pleas Court in for the County of Cumberland is an appropriate venue under 42 Pa. C.S.A. § 8523(a) because it is where the events giving rise to this claim occurred. Z. PLAINTIFF 4. Plaintiff, ROBERT LINTON, is and was at all times mentioned herein a prisoner of the Commonwealth of Pennsylvania in the custody of the Pennsylvania Department of Corrections. Plaintiff is currently confined in the State Correctional Institution at Camp Hill, in Lower Allen Township, Cumberland County, Pennsylvania. 5. Plaintiff was assigned to the Kitchen 2 work detail as an inmate staff cook and baker on the third shift. IV. DEFENDANTS 6. Defendant DONALD KELCHNER is the Superintendent of the State Correctional Institution at Camp Hill. He is legally responsible for the operation of the State Correctional Institution at Camp Hi ll and for the welfare and safety of all inmates and employees of that prison. 7. Defendant ELOISE MAGEE is the Corrections Food Service Manager 2 of the State Correctional Institution at Camp Hill. She is responsible for the operation of the Corrections Food Service Kitchens 1 & 2 and for the welfare and safety of all inmates assigned to Kitchens 1 & 2. 8. Defendant FRANCIS KENNEDY is the Corrections Food Service Manager 1 of the State Correctional Institution at Camp Hill. He is responsible for the operation of the Corrections Food Service Kitchen 2 and for the welfare and safety of all inmates assigned to Kitchen 2. 9. Defendants RONALD SNELL and THOMAS BUSHMAN are Corrections Trades Instructors of the State Correctional Institution at Camp Hill. They are responsible for maintenance work and repairs and for the welfare and safety of all inmates assigned to their maintenance detail. 10. Each defendant is sued individually and in his [or her] official capacity. At all times mentioned in this complaint each defendant acted under the color of state law. V. STATEMENT OF FACTS 11. That on January 6, 2006 at or about 2330 Hours (11:30 P.M.) at Kitchen 2, SCI-Camp Hill, plaintiff was performing his assigned job duties and while making preparations to clean a cooking kettle, plaintiff turned the hot water on and placed a hose that was attached to the faucet inside the cooking kettle. Plaintiff proceeded to turn around to get a scrub brush off of a table, at this time the hose expanded and literally blew off of the spout causing extreme hot water to spew on plaintiff's left arm causing third degree thermal burns on approximately 80% of plaintiff's arm. 12. That plaintiff did in fact suffer personal injury of third degree thermal burns that caused considerable pain and suffering, was slow healing and will leave a permanent disfiguring scar. COUNT 1 NEGLIGENCE PLAINTIFF ROBERT LINTON V. MAGEE, KENNEDY, SNELL AND BUSHMAN, DEFENDANTS 13. Plaintiff incorporates the allegations and facts set forth in paragraphs 1 through 12, above, as if here set forth at length. (a) Upon information and belief, the defendants MAGEE and KENNEDY allowed Kitchen 2 Staff to submit a work order to have the faucet altered. (b) Upon information and belief, the defendants SNELL and BUSHMAN from the Maintenance Department acted negligently and carelessly by altering the faucet by cutting the end of the spout off and attaching a polyurethane hose to the spout with a hose clamp. (c) Upon information and belief, the defendants SNELL and BUSHMAN from the Maintenance Department acted with callous disregard in their supervisory duties for the welfare and safety of the plaintiff by: (1) altering the faucet by cutting the spout off. (2) attaching a polyurethane hose to the spout with only a hose clamp. (3) attaching a polyurethane hose that is not suitable for and will not withstand the high pressure and/or extreme heat of hot water. (4) attaching a polyurethane hose without a barbed fitting and simply affixing it to a spout with only a hose clamp is not suitable for and will not withstand the high pressure and/or extreme heat and therefore will not stay affixed to the spout. (d) Upon information and belief, action on part of defendants SNELL and BUSHMAN was an act of gross negligence with callous disregard for the welfare and safety of the plaintiff that resulted in personal injuries to the plaintiff that could have been prevented. (e) Upon information and belief, the superheater for Kitchen 2 that regulates the water temperature was malfunctioning. The water temperature registered at 240°F. Water at 150°F will cause severe first degree thermal burns. WHEREFORE, plaintiff demands judgment against defendants MAGEE, KENNEDY, SNELL and BUSHMAN for a sum (not) in excess of $75,000.00 plus interest and costs. COUNT 2 NEGLIGENCE PLAINTIFF ROBERT LINTON V. MAGEE, KENNEDY, SNELL and BUSHMAN, DEFENDANTS 14. Plaintiff incorporates the allegations and facts set forth in paragraphs 1 through 13, above, as if here set forth at length. (a) The defendants acted negligently and carelessly by failing to provide foreseeable safeguards to prevent the above-described accident; (b) Failing to warn of the foreseeable and unreasonable risk of harm created by the condition of the altered faucet and improper installation of the polyurethane hose, also the malfunctioning superheater; (c) Exposing plaintiff to a foreseeable and unreasonable risk of harm or bodily injury; (d) Creating a foreseeable and unreasonable risk of harm or bodily injury to plaintiff. WHEREFORE, plaintiff demands judgment against defendants MAGEE, KENNEDY, SNELL and BUSHMAN for a sum (not) in excess of $75,000.00 plus interest and costs. COUNT 3 NEGLIGENCE PLAINTIFF ROBERT LINTON V. KELCHNER, DEFENDANT 15. Defendant KELCHNER failed in his duties to care of inmates by allowing the Maintenance Department to make improper and ill-advised alterations of equipment and failing to make routine inspections of the superheaters in the prison. 16. The state and its employees owe inmates a duty of care and this duty of care was breached. 17. This breach of duty of care did in fact cause harm to the plaintiff. 18. The plaintiff sufferd personal injury damage as a result of the improper alterations of the faucet. WHEREFORE, plaintiff demands judgment against defendant KELCHNER for a sum (not) in excess of $75,000.00 plus interest and costs. VI. EXHAUSTION OF ADMINISTRATIVE REMEDIES 19. Plaintiff used the prisoner grievance procedure available at the State Correctional Institution at Camp Hill to try and solve the problem for person) injury. On or about January 26, 2006 plaintiff presented the facts relating this complaint. On February 27, 2006 plaintiff was sent an Initial Review response from defendant MAGEE saying that the grievance had been without merit and was denied. On March 10, 2008 plaintiff filed an Appeal of Grievance's Initial Review to Facility Manager and on March 27, 2006 the Appeal to Superintendent of Grievance No. 143029 was denied. On April 10, 2006 plaintiff filed an appeal for Final Review to the PA DOC Secretary's Office of Inmate Grievances and Appeals. As of June 8, 2006 a Final Review response had not been received -- due date for Final Review response no later than May 23, 2006. A VI. LEGAL CLAIMS 20. Plaintiff realleges and incorporates by reference paragraphs 1 through 19, above, as if here set forth at length. 21. That tortious conduct is deemed to be "negligent" when it is demonstrated that the tort-feasor had a responsibility to protect, oversee or care for plaintiff and failed to take reasonable care in carrying out that responsibility to plaintiff. 22. The tort-feasor usually is held liable for acting with an intention that the law treats as unjustified, or acting in a way that departs from a reasonable standard of care. 23. State employees owed plaintiff a duty not to be negligent, i.e., was required to take reasonable care of plaintiffs person. 24. Personal injury damages arising out of any act done or the failure to perform any act within the scope of employment and in the discharge of the duties of any officer or employee of the Pennsylvania Department of Corrections a remedy for relief should be made available to the injured party. 25. The plaintiff has no plain, adequate or complete remedy at law to redress the wrongs described herein. 26. Plaintiffs claim of allegations of negligence as a cause for the accident meets the elements of cause standards. X PRAYER FOR RELIEF WHEREFORE, plaintiff respectfully prays that this court enter judgment granting plaintiff: (1) Compensatory damages in the amount of $75,000.00 against each defendant, jointly and severally. (2) Plaintiffs costs in this tort claim. (3) A jury trial on all issues triable by jury. (4) Any additional relief this court deems just, proper, and equitable. I Dated: _Tnry?T- A, Respectfully submitted, C Robert Linton Plaintiff, pro-se Plaintiff demands a jury trial VERIFICATION I have read the foregoing complaint and hereby verify that the matters alleged therein are true, except as to matters alleged on information and belief, and, as to those, I believe them to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at Camp Hill, Pennsylvania on & 'J./i Signature 6?'? Robert Linton Plaintiff, pro-se r'b g ?p '?Sl 1 9 ? b Curtis R. Long Prothonotary office of the Protbonotarp Cumberfaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6 3[) CVIL TERM OL -4 ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573