HomeMy WebLinkAbout94-03546
individual reaiding at 412 south Hiqh street, Heohanicsburg,
Cumberland County, PA 17065.
3. On or about August 10, 1993, at approximately 1146
p.m" Plaintiff, ELWOOD D, LEHMER, was operating a bicycle
lawfully travelling in a northbound direction on South Broad
street in the municipality of Hechanicsburg, County of
Cumberland, PA.
4. On the same date, at the same time, and at the same
place Defendant, JOliN D. HOLLINGER, was the owner and operator of
a certain 1985 Chrysler LeBarDn sedan, which motor vehicle was
being operated in a NDrtherly direction on South Broad atreet and
when it arrived at a pDint NDrth of the driveway of Meohanicsburg
High Sohool it was carelessly and negligently operated and
oontrolled and struck the plaintiff, causing serious and
permanent injuries as hereafter set forth.
5. The negligence of the Defendant consisted Dfl
(a) Operating his vehicle at an exoeuive rate Df
speed under the circumstances I
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(b) Failing to have said vehicle under propn and
adequate cDntrol,
(c) Failure to keep proper lookoutl
(d) Failure to operate said vehicle in a manner that
would allow the defendant to stop within an a..ured, olear
distanoe ahead I
(e) operating said vehicle in a violation ot the laws
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Of thl Borough of HechanicBburg pertaining to motor vehicles and
.ohool Eon.., and the statutes of the Commonwealth of
Penn.ylvania, including the Motor Vehicle Code,
(f) operating a motor vehicle when the defendant knew
or .hould have known that he was incompetent and unable to
properly operate hi. motor vehicle due to physical and mental
di..a.. and injuri..,
(9) Th. defendant was otherwise negligent.
6, The colli.ion was caused by the negligence and care-
l...n... of the Defendant, JOHN D. HOLLINGER, and in no way was
oau..d by the Plaintiff, ELWOOD D. LEHMER.
7. Solely as a result of this collision, the Plaintiff,
ELWOOD D, LEHMER, has and will in the future suffer severe
injuri.., which include, but are not limited tal
(1) Closed head injury with a right frontal parietal
intraparenchyma 1 hemorrhages, left posterior parietal intra-
parenohymal hemorrhage, right frontal parietal epidural hematoma,
(2) Right zygoma/orbital wall fraotures,
(3) C-1 fracture,
(4) Hyponatremia secondary to overload, resolved,
(~) S.vere laceration of right ear, lacerations to
knuckle. on right hand, contusion and bruises on right side of
nlok and right arm, brush burns on forearms, right part of chest
and right part of back, kneeD, ankle and toos badly bruiDod.
(II) LaCDrations, hruiseD, contusions, abrasions, and
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sott tissus damage to hia entire body,
8. Solely ae a re.ult ot hi. injuries, Plaintitt, ELWOOD
D. LEHMER, has and will in the future continue to undergo Qreat
pain and suttering,
9. Solely a. a re.ult of his injuries, Plaintiff, ELWOOD
D. LEHMER, has suffered permanent diaabil1ty and a permanent
impairment of hi. earning power and capaoity.
10. Solely as a result at his injuries, Plaintiff, ELWOOD
D. LEHMER, has sustained a permanent diminution in the ability to
enjoy life's pleasure..
11. As a result of his injuries, Plaintiff, ELWOOD D.
LEHMER, has and may hereatter have, other medioal expenses and
income loss which exceed the sums recoverable under 75 PA C.C.S.
Section 1711.
12. plaintiff, ARLIE E. LEIIMER, has been denied the society
and u&istence of her husband, ELWOOD D. LEIIMER, to her tinanoial
detriment and loss.
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WHEREFORE, Plaintiffe ELWOOD D. LEIIMER and ARI,IE E, LEIIMER
each demand jUdqment aqainst the Defendant, JOliN D. 1I01,LINGElt,
each in amount. in exces. of Thirty Tho ..nd"'30,OOO.00) Dollars
and in excess of the amount requirin ompulpory arbitration.
MASTERSON, BRAUNFELD,
IIIMSWORTH , MAGUIRE
:, ~~~ ') .~:~~./ I',:,
onaidi~'iloBellute in
Attorney for Plaintiff
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BYI (
Andrew L. Dr
Attorney to
unfald
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