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Home My WebLink About94-03510 1 0"") - 'e ~ , , i ~ I J \ -...... d' /' ,/ I , I ! ! dI; \ . :';t ~~ .7:: I'.' n... to!1 ' ~ ~ ~; . ~ to ' ":'6 ~l ~ 00 \lq t" t'" ri Jl l'( - *~ ~~ \'l f',,,"') "~ '" :7'1 -. ~\ I . I Q ~ :t '9 c:J ~~~~~ , , . . 'nl ~ 'nl J!J~ +J +J W o I ~I Will 'Jj 'I-l ~ ~ jH ~8~uQ ~~ Ij ;m~ ,~ ~ ! !i .r-! 'I-l :Sllf > ui8 I~ ~Q~ ~-L tJ . . , .. . . BRUCE M. HELL and IMA L. MELL, plaintiffs IN TilE COURT OF COMMON llLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I I I I I I RABON S. KNIGHT, I T & M INDUSTRIES, INC./ I a/k/a/ T & N INDUSTRIES, INC., I and FERODO AMERICA, INC., I Defondants I v. NO. 94- % 10 CIVIL 'l'ERM JURY TRIAL DEMANDED 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 the p10adings and Notice are served, filing in writing with the Court your defonoes or objections to the claims set forth against you. You are warned that if you fail to do so the caoe may procood without you and a judgment may be entered against you by the Court without furthor notice for any money claimod in the pleadings or for any othor claim of relief requested by the Plalntiff. You may 1080 money or proporty 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 i"IND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland county courthouse Carlisle, Pennsylvania 17013 Te1ephonel (717) 240-6200 w~W: i~SqUire Supreme Court 1.0. 115712 5 South Hanover street Carlisle, Ponllsylvania 17013 Telephonol 717-243-0220 Attorney tor Plaintiffs WAY Nil r. SHAIII! AUtlfnty II lAW ~ Suuth Ilanuvrr Hllnt ('.,Ii.k, l'rn",)lvanil 111111 WAYNll F. SHAUll ^Ulllnty .1 I'..... \tiuuth U&nll\'tl Hlm'l 1'.rlitk,I'rlUu)I\'lIlit 111111 9. The violence of the collision between the tractor and trailer and the 1985 Buick automobile occupied by Plaintiffs was such that Plaintiffs' vehicle was thrown completely off the highway and down an adjacent embankment where it camo to rest on its side facing the direction from which it had been traveling. 10. The collision was directly and proximately caused by the negligence, gross negligence, recklessness and willful disregard for the safety of Plaintiffs on the part of Defendant KNIGHT in the following rospectsl (a) operation of the tractor and trailer in a care10ss, reckless and grossly negligent manner 1 (b) operation of the tractor and trailer vehicle at an excessive rato of speed under the circumstances 1 (c) oporation of the tractor and trailer vehicle with no warning of approach or intended directionl (d) Operation of the tractor and trailer vehicle in such a manner as to fail to have the vehicle under tho proper control so as to be able to stop the vehicle within the assured clear distance ahead as required by 75 Pa.e.s. 533611 (e) oporation of the tractor and trailer vehicle without due rogard to tho rights, safety and position of tho Plaintiffsl -3- WAVNll I', 5I1AIII' ^tlufnr~ III.."" J lM'lUlh Itanuu, Mlffl t"llil~. IlfflfU)I~ani. rlnl1 (f) Failing to maintain the tractor and trailer vehicle under such control as to prevent it from striking Plaintiffs' vehicle I (g) Failing to maintain a proper lookout I (h) Failing to observe the vehicle of P1aintiffsI (i) Upon observing the vohicle of Plaintiffs, failing to yield the right-of-way to Plaintiffs' vohiclel (j) Failing to take evasive action in order to avoid impacting with Plaintiffs' vehicle; and (k) Failing to apply tho brakos in sufficient time to avoid striking Plaintiffs' vehicle. 11. At all times material hereto, Plaintiffs wore acting with due oare and wore not contributorily negligont. 12. As a result of tho conduct of Defendant KNIGHT, Plaintiffs were trappod in their vehicle until they could be forcibly extricated by rescue personnel by the jaws of life. 13. Ae a result of the conduct of Defendant KNIGHT, Plaintiff BRUCE M. MELL sustained gonera1 traumatic injurios over his entire body from which ho suffered general pain and discomfort for several woeks after the incident with mcre acute pain in the area of his clavicle and the left side of his body. -4- WAYNIl F, SIIAllI! Anllfflt)' .1 lAw \/'MlUthllanrrmlilml 1'"lhk,11tM.)1\l1lIia \11111 14. The force of the collision betwoen the vehiclss was suoh as to have oaused Plaintiff IMA L. MELL to have suffered an aoute oomprossion fraoture of her twelfth thoraoic vertebra in spite of being restrained by her seat belt and being cushioned by her Boat. She also suffered a sprained shoulder and a oerebra1 conoussion confirmed by a large contusion on her head. 15. In addition to the initial acute pain and suffering from the traumatic injuries to Plaintiff IMA L. MELL, the residual effects of her injuries include radicular neurological pain, vertigo, aggravation of pre-oxisting arthritis and emotional distress from which Plaintiffs believe and therefore aver that she will suffer for the remaindor of her life. 16. As a result of their injuries, Plaintiffs have incurred substantial medical bills and expenses, and Plaintiffs believe and therefore aver that Plaintiff IMA L. MELL will continue to incur medical bills and expenses in the future. 17. As a result of the conduct of Defondant KNIGHT, Plaintiffs have suffered serious interruptions of their daily habits and pursuits and enjoymont of life to their substantial and permanent detriment and loss. -5- 18. As a result of tho oonduot of Defondant KNIGHT, Plaintiffs sustained a total loss of their motor vehicle, the reasonable va1uo of whioh at the time of the accidont was $3,498. 19. As a result of tho conduct of Defendant KNIGHT, Plaintiffs have each been deprived and will continue in the future to be doprived of the society, companionship, contributions and consortium of the other to their substantial detriment and loss. 20. Plaintiffs havo made demand for compensation for their aforosaid injuries and losses, but Defendants have failed and refused to pay. WHEREFORE, Plaintiffs demand judgment for compensatory and punitive damages against Defendants in an amount in excoss of $25,000 plus costs and interest. $~ft~ WaynB7F. shade, Esquire Supreme Court 1.0. #15712 5 South Hanover Street Carlisle, Pennsylvania 17013 Te10phonel 717-243-0220 Attorney for Plaintiffs WAVNI! r, SHAIlI! AUomt)' at Law .\ liuuth tltnuVU Stlnl {'.,U.k,I"'MI)'hlllit 11111\ -6- The statements in the foregoing complaint aro based upon information whioh has been assomb1ed by our attorney in this litigation. The language of the statements is not our own. We have read the statemontsl and to the oxtent that they are basod upon information whioh we have given to our oouneel, they are true and oorreot to the best of our knowlodge, information and belief. Wo understand that fa1so statemonts herein are mado subjeot to the penaltios of 18 Pa.e.s. 54904 relating to unsworn fa1eification to authoritios. Datel June 11, 1994 I' ~ tlli'?::~Me 7Jk!/ ~ )fO 9nJt tma L. ell WAYNIi I', SIIAIlIi Atlomr~ .t l.aw ~ Koulh Ilan(wn HlrrC'1 ('"lidt. 1't1U..)I~anil 11011