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NOTICIA
Le han demandado a usted en 1a corte. si usted
quiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir de
la fecha de la demanda Y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus persona. Sea avisado
que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso 0 notificacion
y por cualquier quaja 0 alivio que es pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros
derechos importantes para usted.
LLEVE E8TA DEMANDA A UN ABODAGO IHMEDIATAMEHTE. 81 NO
TIENE ABOGADO 0 81 NO TIENE EL DINERO 8UFICIENTE DE PAGAR TAL
8ERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION 8E ENCUENTRA E8CRITA ABAJO PARA AVERIGUAR DONDE 8E
PUEDE CON8EGUIR ASI8TENCIA LEGAL.
CUMBERLAND COUNTY COURT ADMINISTRATOR
One Courthouse Square
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
r."".m, _.....~. ..;:},,"i;.
and
CYRIL J. MILLER JR.
Adult Individuals
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
:
THOMAS M. MILLER,
.
NO. II ~, CIVIL 1994
v.
MICHAEL W. STOUT,
An Individual
and
THOR INDUSTRIES OF PA, INC.,
A Pennsylvania Corporation,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes this
day of
, 1994, THOMAS
M. MILLER and CYRIL J. MILLER, JR., Plaintiffs above-named, by and
through their attorneys STEFANON and GLACE who respectfully
represent the following:
1. Plaintiff THOMAS M. MILLER is an adult individual and resides
at 217 South Street, Hanover, York County, Pennsylvania.
2. Plaintiff CYRIL J. MILLER JR. is the father of THOMAS M.
MILLER, and resides also at 217 South Street, Hanover, York
County, Pennsylvania.
3. Defendant MICHAEL W. STOUT is an adult individual who, upon
knowledge and belief, resides at 14 Kingswood Drive,
Selingsgrove, Snyder County, Pennsylvania.
4. Defendant THOR INDUSTRIES of PA, INC. is a Pennsylvania
corporation whose principal place of business is R.D. /I 3, Box
38, Middleburg, Snyder County, Pennsylvania.
5. The facts and occurrences hereinafter related took place on or
about August 6, 1993 at approximately 12:55 p.m. on the Route
11 & 15 Bypass at the intersection of Brentwater Road in the
Borough of Camp Hill, cumberland County, Pennsylvania.
6. At that time and place plaintiff THOMAS M. MILLER was the
authorized driver of a 1989 Ford Festiva owned by Plaintiff
CYRIL J. MILLER, JR.
7. Plaintiff THOMAS M. MILLER was driving eastbound on the Route
11 & 15 Bypass, a four lane road with a center turn lane, and
had lawfully stopped in the right lane at a steady red light
at Brentwater Road.
8. At that time and place, the traffic flow was moderate to heavy
in both directions and other eastbound vehicles had also
stopped at the red light, but were situated in the left lane.
9. At that time and place, Defendant MICHAEL W. STOUT was
operating a 1992 Chevrolet Silverado, owned by Defendant THOR
INDUSTRIES of PA, INC., and hauling a Chateau Motor Home and
approached from the rear Plaintiff THOMAS M. MILLER'S stopped
vehicle in the right eastbound land.
10. At that time and place, Defendant MICHAEL W. STOUT failed to
come to a stop and failed to make appropriate avoidance
reaction and struck with great force the vehicle operated by
Plaintiff THOMAS M. MILLER from the rear.
2
11. Upon knowledge and belief, Defendant MICHAEL W. STOUT was
operating Defendant THOR INDUSTRIES of PA, INC.'S vehicle and
hauling the motor home during the course of his employment
with Defendant THOR INDUSTRIES of PA, INC., and/or in
furtherance of the business interests of Defendant THOR
INDUSTRIES of PA, INC.
12. As a direct and proximate result of the heretofore described
accident, the vehicle of Plaintiffs' CYRIL J. MILLER, JR. was
totally destroyed and Plaintiff THOMAS M. MILLER sustained
injuries requiring his conveyance by ambulance to the
emergency room to Holy Spirit Hospital.
13. As a direct and proximate result of the aforementioned
accident, Plaintiffs CYRIL J. MILLER, JR. sustained a total
loss of the value of his vehicle valued at the date of the
collision at $ 3,500.00 more or less.
14. As a direct and proximate result of the aforementioned
accident, Plaintiff THOMAS M. MILLER sustained painful and
severe injuries which include, but are not limited to, acute
cervical, lumbar, and thoracic strains and sprains, left
rotator cuff sprain, and left shoulder and brachus injury.
15. By reason of the aforementioned injuries sustained by
Plaintiff THOMAS M. MILLER, he was forced to incur liability
of medical treatment, medications, emergency hospitalization,
physical therapy and similar miscellaneous expenses and may be
further obligated to seek such medical treatment in the
future, and claim is made therefore.
3
16. As a direct and proximate result of the aforementioned
injuries, Plaintiff THOMAS M. MILLER has undergone and in the
future will undergo great physical and mental suffering, great
inconvenience in carrying out his daily activities, loss of
life's pleasures and enjoyment, and claim is made therefore.
17. As a direct and proximate result of the aforementioned damages
injuries of Plaintiff THOMAS M. MILLER, it is reasonably
anticipated that he will sustain loss and/or diminution of his
ability to enjoy life's pleasure and enjoyment and participate
fully in his previously enjoyed pursuits and that he will
sustain future inconvenience as a result of the continuing
effects of his injuries, and claim is made therefore.
lB. As a direct and proximate result of the aforementioned
accident and of his aforedescribed injuries, Plaintiff THOMAS
M. MILLER, was forced to sustain work loss and loss of
opportunity and claim is made therefore for any uncompensated
work loss.
COUNT I
THOMAS M. MILLER
and
CYRIL J. MILLER, JR.
v.
MICHAEL W. STOUT
19. Paragraphs one (1) through seventeen (19) are incorporated
herein and made part hereof as if set forth in full.
4
20. The foregoing accident and all injuries and damages heretofore
set forth sustained by Plaintiffs are the direct result of
negligent, careless, wanton and reckless manner Defendant
MICHAEL W. STOUT operated his motor vehicle as follows:
a. Failure to have his vehicle under such control as to be
able to stop within the assured clear distance aheadl
b. Failure to keep alert and maintain a proper watch for the
presence of other motor vehicles on the highway;
c. Failure to apply his brakes or facilitate a stoppage of
his motor vehicle within sufficient time to avoid
striking the rear of Plaintiffs' vehicle;
d. Failure to keep a proper watch for traffic on the
highway 1
e. Failure to drive his motor vehicle with due regard for
the highway and traffic conditions which were existing
and of which he should have been awarel
f. Failure to keep proper and adequate control over his
vehicle;
g. Failure to make proper and adequate avoidance of an
overtly hazardous situation 1
h. Failure to inspect and/or assure that his vehicle ha~an
adequate and proper brake system before hauling a motor
home in crowded traffic conditions;
i. Failure to stop and facilitate when a hazardous
mechanical condition emerged and should have been
perceived 1
5
j. Failure to become adequately trained to perceive
mechanical problems including, but not limited to, the
onset of a defective brake system;
k. Driving his motor vehicle upon a public highway in a
manner endangering persons and property and in a reckless
manner with careless disregard to the rights and safety
of others.
WHEREFORE Plaintiff CYRIL J. MILLER, JR. demands judgment
against MICHAEL W. STOUT in an amount of $ 3,500.00 for his
property and consequential damages and Plaintiff THOMAS M. MILLER
demands judgment against MICHAEL W. STOUT in an amount in excess of
$ 20,000.00, exclusive of interest and costs and in excess of the
jurisdictional amount for compulsory arbitration.
COUNT II
THOMAS M. MILLER
and
CYRIL J. MILLER, JR.
v.
THOR INDUSTRIES OF PA, INC.
21. Paragraphs one (1) through twenty-one (21) and all subparts
thereof are incorporated herein and made part hereof as if set
forth in full.
22. Defendant MICHAEL W. STOUT, at all times relevant to tt.is
Complaint was an employee, servant and/or authorized agent of
Defendant THOR INDUSTRIES of PA, INC. and, based upon
knowledge and belief, his operation of truck and hauled motor
6
home was in course of his agency with Defendant THOR
INDUSTRIES of PA, INC., and for that Defendant's benefit.
23. In addition to the negligent, careless, wanton and reckless
acts of its employee, servant and/or authorized agent
Defendant MICHAEL W. STOUT heretofore described, Defendant
THOR INDUSTRIES of PA, INC., was negligent, careless, wanton
or reckless as follows:
a. Failure to provide a vehicle with an adequate, proper and
safely maintained brake assemblYl
b. Failure to maintain or to provide maintenance of a
vehicle with a properly adjusted and/or repairs of brake
assembly;
c. Failure to inspect its vehicle's brake assembly prior to
authorizing that vehicle's operation wherein said vehicle
would haul a motor home through moderately to heavily
travelled traffic ways whose conditions were known or
should have been knownl
d. Permitting its vehicle to operate on moderately to
heavily used traffic ways while hauling a motor home with
defective brakes or component parts thereofl
e. Failure to establish a systematic inspection of its
vehicle(s) prior to operation as haulers of motor homes
that would disclose hazardous defects, including but not
limited to, brake assemblies including master cylindersl
f. Permitting operation of its vehicle with a hauled motor
home by an authorized driver not adequately trained in
7
emergency avoidance, not a safe operator of the vehicle
with a hauled motor, not a competent mechanical observer
who would be able to ascertain the onset of brake
failure,
not an adequate and proper judge of
circumstances which would reasonably lead to the creation
of dangerous conditions wherein he would attempt to
finish a trip with defective brakes rather that shut
down;
g. Operating or causing to have operated a vehicle having a
motor home in careless, reckless, and negligent manner
and a manner violative of the Motor Vehicle Code and
Regulations of the Commonwealth of Pennsylvania.
WHEREFORE Plaintiff CYRIL J. MILLER, JR. demand judgment
against THOR INDUSTRIES of PA, INC. in an amount of $ 3,500.00 for
his property damages and plaintiff THOMAS M. MILLER demands
judgment against THOR INDUSTRIES of PA, INC. in an amount in excess
of $20,000.00, exclusive of interest and costs and , in excess of
compulsory arbitration.
COUNT III
T. MILLER
and
C. MILLER, JR.
va.
MICHAEL W. STOUT
and
THOR INDUSTRIES OF PA, INC.
8
24. The averments of the foregoing paragraphs one (1) through
twenty-three (23) are incorporated herein by reference.
25. The negligence of each Defendant, acting jointly and
severally, caused and contributed to the injuries and damages
suffered by Plaintiffs.
WHEREFORE Plaintiff CYRIL J. MILLER, JR. demand judgment
against THOR INDUSTRIES of PA, INC. in an amount of $ 3,500.00 for
his property damages and Plaintiff THOMAS M. MILLER demands
judgment against THOR INDUSTRIES of PA, INC. in an amount in excess
of $20,000.00, exclusive of interest and costs and , in excess of
compulsory arbitration.
RESPECTFULLY SUBMITTED
DATE:
~'/1/14
I
BY
John lace, Esquire
STEF & GLACE
407 h Front Street
P.O x 12027
Harrisburg, PA 17108-2027
(717) 232-0511
9
VBRIPICA'.rIOR
The undersigned hereby verifies that the facts averred in the
foregoing Answer of New Matter are true and correct to the best of
his knowledge, information and belief.
This Verification is made subject to the penalties of 18 pa
C.S.A. 5 4904 relating to unsworn falsification to authorities.
~'P1~
THOMAS M. MILLER
DATBI
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VBRIFICA'.rIOH
The undersigned hereby verifies that the facts averred in the
foregoing Answer of New Matter are true and correct to the best of
his knowledge, information and belief.
This Verification is made subject to the penalties of 18 Pa
C.S.A. S 4904 relating to unsworn falsification to authorities.
1yt~
DATE: /1Jr- 2/, /9 f'f
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
In the Court of Common Pleas of
Cumberland County, Pennsylvnaia
No. 1131 Civil Term 1994
Complaint in Civil Action Law
and Notice to Defend
..
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SIlERIFF'S RETURN
Thomas M. Miller and
Cyril J. Miller, Jr.
VS
Michael W. Stout and
Thor Industries of PA Inc.
R. THOMAS KLINE, Sheriff. who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named
defendant, to wit:
M;cheal w. stout and Thor Industries of PA Inc.
but was unable to locate them
in his bailiwick. He therefore
deputized the sheriff of
Snvder
County, Pennsylvania,
to serve the within Como1aint In Civil Action Law and Notice to Defend
On MArch 18. 1994
the attached return from
, this office was in receipt of
Snyder
County, Pennsylvania.
Sheriff's Costs:
Docketing 18.00
Out of County 5.00
Surcharge 4.00
Snyder County 24.00
51.00 Pd. by Atty.
Sworn and subscribed to b~fdPe9~e
So answers:
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R. THOMAS KLINE, Sheriff
this
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Prothonotary
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NARCH 14
NOTICE AND CONPLAINT
THE WITHIN NANED DEFENDANT.' THOR INDUSTRIES OF PA.. INC..
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In i0e Court ci C.:mmo:l Fle::s 01 C:.Jr.::.:::;,t'I:nd C~w';;~'YI Psnr:sylve:nio
Thomas M. Miller and Cyril J. Miller. Jr.
'is.
Thor Industries of PA Inc.
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THOR INDUSTRIES OF PA.. INC.. OFFICE. R.D.H3 BOX 38, NIDDLEBURG. SNYDER CO.. PA:
HARRY KUHNS, PRODUCTION NANAGER, AND PERSON IN CHARGE
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TRUE AND CORRECT
NOTICE AND CONPLAINT
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BY: NORt-IAN FOLK, DEPUTY
COSTS
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Thomas M. Miller and Cyril J. Miller. Jr.
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Michael W. Stout
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NOTICE AND COHPLAINT
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mCHAEL W. STOUT, THE WITHIN NA~IED DEFENDANT
~t PLACE OF EHPLOYHENT, AT R.D.#3 BOX 38. HIDDLEBURG. SNYDER,COUNTY. PENNSYLVANIA
ANNETTE GOODLING HIS SECRETARY
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TRUE AND CORRECT
c:py ot == Q~~-"I NOTICE AND COHPLAINT
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BY: NORHAN FOLK, DEPUTY
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THOMAS M. MILLER
and
CYRIL J. MILLER, JR.
Adult Individuals,
Plaintiffs
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1131 CIVIL 1994
.
.
.
.
.
.
.
.
.
.
vs.
.
.
.
.
MICHAEL W. STOUT, :
An Individual : CIVIL ACTION - LAW
and :
THOR INDUSTRIES OF PA, INC., :
A Pennsylvania Corporation:
Defendants : JURY TRIAL DEMANDED
PRAECIPE OF SETTLEMENT AND DISCONTINUANCE
TO THE PROTHONOTARY:
Please discontinue the above-captioned case as settled.
RESPECTFULLY SUBMITTED
Glace, Esqu1re
N & GLACE
07. N rth Front Street
. . Box 12027
rrisburg, PA 17108-2027
17) 232-0511
1.0. #23933
Attorney for Plaintiff
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