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HomeMy WebLinkAbout94-04081 :t:' ~ l' "" c!) , I " " \ \ \ " , , , , J ,/ " , ' , , ,,, ~ ~ .. I, ~ - .. <<') . ()o- ~ ~ <;:) ~. ":7' ~ ;, <;:) - ~ ::":to.. \' 41'1.. ~ .. ,- ,-, Q 0 .0 ~~ "i- I"- , \.() Q \() I" .. , . . \r) l-i) N C '::7- '::r <...J~ ....... I' ~ I::E~ --., @ . ~ ~ ~ ~~Jj~~~ Q ~ ~ '" '" ~ e:! ~ S tl " ~ 01 .." dl w ~ '" 0 . Do .... ' . III 0 ~~zz '0 ~ ~ 8 ,.; p.. e )! < '" p.. . Q ~ .. . Iii ~ ~ = ^~V .lONOH10~d .................... ...~?t:~.~~r~'~i~~~;;:~... ......1I!t..1 ,................. ........".....,1.'..". .I,,!, ., _/ -'~-'U "'),~,t ( " j. I ,,01114"" flIL" ~'''i4' ~:~A' 0:) ~''''I1' 1'1)" ill'"'''' . '... . DONNA BOWMAN, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. NO, I SHARON J. BRUMMETT, a/k/a I CIVIL ACTION - LAW SHARON JOHNSON, Defendant COMPLAINT AND NOW comes the plaintiff, Donna Bowman, by and through her attorneys, Friedman and Friedman, P,C., and avers the following: 1. The plaintiff, Donna Bowman, is an adult individual who resides at 724 N. Front st" First Floor, Wormleysburg, Cumberland county, Pennsylvania 17043. 2. The Defendant, Sharon J. Brummett, a/k/a Sharon Johnson, is an adult individual who resides at 105 E, Allen st., Apartment 306, Mechanicsburg, Cumberland county, pennsylvania 17055. 3, On or about February 18, 1993, Plaintiff was operating a 1993 Honda Civic, and was traveling East on State Route 114 in Fairview Township, York County, pennsylvania, at or near the intersection with Moore'S Mountain Road, 4, At this same time, Defendant was operating a 1989 Plymouth Sundance, and was traveling North on Moore's Mountain Road, approaching the intersection with state Route 114 in Fairview Township, York County, Pennsylvania, 5. Defendant failed to obey a lawfully posted stop sign, thereby causing her motor vehicle to collide with the vehicle operated by Plaintiff, causing certain serious injuries to Plaintiff as hereinafter set forth, 6, The collision between Defendant's vehicle and Plaintiff's vehicle was caused solely by the negligence, carelessness, and recklessness of Defendant, in that: a. sho operated her vehicle at an excessive rate of speed under the circumstances; b, She failed to have her vehicle under proper and reasonable control; c, She operated her vehicle in such a manner as to cause it to collide with the vehicle operated by Plaintiff; d. She failed to pay proper and reasonable attention to other vehicles on the road; e. She operated her vehicle without due regard for the rights, safety, and position of other vehicles on the road, including Plaintiff'. vehicle; f. She failed to operate her vehicle in a safe and proper manner; and g, She failed to obey a stop sign, 7. By reason of the negligence, recklessness, and carelessness of the Defendant, Plaintiff was violently shaken and suffered severe, serious, and possibly permanent injuries, including: a. Migraines (exacerbation of a prior migraine syndrome) and tension headaches, with associated nausea and vomiting; b, Lower back pain; c. Pain in her neck, shoulders, and mid-back; d. Cervical and lumbar sprain/strain; e. Cervical neuritis with associated headache; t. Radial pain in her right shoulder blade, with palpable trigger points; g, Weakness in hands and legs; h, Pain in the thoracic spine; i, cervical whiplash, upper thoracic strain and thoracolumbar strain; j. Diminished spinal range of motion indicating cervical thoracic and lumbar dysfunction; k. Nightmares, insomnia, fear of driving, and anxiety; 1, Myofascitis secondary to a sprain/strain ot both the cervical and lumbar spine; and m. Depression. 8, As a result of her injuries, Plaintiff has incurred, in the past, and will in the future continue to incur, great pain and sUffering, 9, As a result of her injuries, Plaintiff has been unable to attend to all of her normal duties and activities, and she may have sustained a permanent diminution of the ability to enjoy life and life's pleasures, 10, As a result of Plaintiff's injuries, she has incurred, and may continue to ~ncur, further medical expense and income loss, DONNA BOWMAN, I IN THE COURT OF COMMON PLEAS OF Plainti ff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO, 94 4081 Civil Term I SHARON J. BRUMMETT, alkla I CIVIL ACTION - LAW SHARON JOHNSON, I Defendant I PRAECIPE Kindly reinstate the complaint docketed to the above captioned number and direct the Cumberland County Sheriff to effectuate service. Respectfully submitted, I FRI~DMAN & FRIEDMAN, P,C. i , I , Ric ard ,Friedman, Esquire 600 N, Second Street Penthouse Suite P.O, Box 984 Harrisburg, PA 17108 (717) 236-8000 !R '>e:: ,.....\,.. ;~.... -. . ,. ,. (./of I , "'I :;,' ..~: , ,.l . ~ ,-.',! n, , of' I c.' " :\1' ,~ g:: ~ , IJ" I,; . _t'l ~:, ~_: I ' en t:i III It ... . n:l W '" P.....; "" ..... ., .., CI ~~ "" ~ ~ P:: 8 'M ..... '" W Ul ., n:l 'tl E-t Ul II) ~P< ~ ~ E-t ~ ~ 0 'M Q) ~ z E 0 . '" E-t "" z i5 ~ u>< -l E-t Q) tf) ~ ~ \iJ l'1 . .~~ P< W Cl 3: ~i.~~0l Z ~z W G: 0( ~ lJ) )( ~ z .. :r z ~ ,\] > 0 ;":';'0 OUl~ m t;U Z P::t/l ~ ~a: ~o~ ~ IIIZ E-t jWz~o:w DO . ~ H " 9 a. 8j :> ,0 ::;: ~ .J:: ci ..,.., 3: w . III p:: " j WP:: ZZ ~ Ii. m tIlW ..: 00 W ~ ~~ 5@ P::P:: Ul " . ":.0: Z N . . 0 tIl~ ..: t;j I HU 0 Ult/l ~ . , . . ' . . . -4 ,., , .J , DONNA BOWMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-4081 CIVIL TERM CIVIL ACTION - LAW plaintiff v, SHARON J, BRUMMETT, a/k/a SHARON JOHNSON, Defendant JURY TRIAL DEMANDED DIl'llfDJUrl" 8 ANSWER "ITK Inl' MATTER TO PLAIIlTIPI" S COMPLAIIIT 1, Adult status admitted, As to the remaining averments of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 2, Admitted in part, denied in part, Admitted that the Defendant is an adult individual, Denied that the Defendant resides at 105 E. Allen street, .!'\partment 306, Mechanicsburg, Cumberland County, Pennsylvania 17055. On the contrary, the Defendant currently resides at 165 Lisburn Road, Wellsville, York County, Pennsylvania 17365, Further, Defendant's name is now Huggins, not Johnson. 3, Admitted. 4, Admitted, 5. Conclusion of law, no answer required, If an answer is required, the averments are generally and specifically d~nied. 6. Conclusion of law, no answer req~ired. If an answer is required, the averments of this paragraph and of all its subparagraphs are generally and specifically denied, On the contrary, the Defendant is advised to aver and therefore avers as follows: (a)-(g) Generally and specifically denied. 7. conclusion of law, no answer required. If an answer is required, it is generally and specifically denied that Defendant was negligent, reckless and/or careless in any manner, After reasonable investigation, the Defendant is without knowledge or information sufficient to orm a belief as to the truth of the remaining averments, including the subparagraphs, 8, After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, 9. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments. 10. After reasonable investigation, Defendant is without knowledge or information suff icient to form a belief as to the truth of the avermentc. 11. Conclusion of law, no answer required, If an answer is requi:ed, after reasonable investigation, the Defendant is without knowledge or information sufficient to f<-em a belief as to the truth of the averments, WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and that judgment be entered in her favor together with costs of this action. NEW MATTER 12. Paragraphs 1-11 of Defendant's Answer are incorporated herein by reference, - 2 - 13, The Plaintiff's Complaint fails to state a claim upon which relief can be granted. 14, The causal negligence of the Plaintiff is greater than any negligence on the part of the Defendant, which negligence is specifically denied, and therefore Plaintiff's recovery is or may be barred in whole or in part ul1der the Pennsylvania comparative Negligence Act. 15, The causal negligence of the Plaintiff includes, but is not limited to, the following: (a) Failing to be alert and attentive to road conditions then and there existing; (b) Failing to have her vehicle under proper and adequate control; (c) Failing to observe road conditions then and there existing; (d) Operating her vehicle at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing; (e) Failing to maintain an assured clear distance ahead; and (f) Operating her vehicle in careless disregard for the safety of persons and property. 16. There was no negligence on the part of Defendant, but if it is found that there was any such negligAnce, which negligence is expressly denied, any such negligence was not the proximate cause of the Plaintiff's injuries and damages, - J - 17. Under the facts and circumstances in question, the accident was unavoidable, 18. Under the facts and circumstances in question, the Plaintiff had the last clear chance of avoiding the accident and voluntarily chose the risky and danqerous path, 19. Plaintiff voluntarily assumed the risk of her injuries and damages for the reasons set forth above and for reasons that discovery may later reveal, 20. Any alleged injuries and damages claimed in this action, on information and belief, may be the result of prior accidents or injuries unrelated to the accident in issue, 21. The Defendant raises all defenses available to her under the Pennsylvania Motor Vehicle Financial Responsibility Law and the Vehicle Code inCluding, but not limited to, the preclus~on provisions and any limited tort elections, WHEREFORE, Defendant demands that Pla intiff' s Complaint be dismissed and that judgment be entered in her favor together with costs of this action, METZGER, WICKERSHAM, KNAUSS & ERB By (::-~'\ \\ -lick-' - l (:1 '. /b4~ c.-'C ,---, JereL:' Hock, Esquire Attorneys for Defendant PA Court I,D, #19211 111 Market Street P,O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Dated: February 22, 1995 - 4 - Ln :='') I ". "',J , '~'1 ".- ".. .,',:1 u p~ ~ ;: . i :t .... Z ~~~~i~ el . 8 I:l " if, ~~.}!~~~ ... . III . P. ....~"'t:o z~o,.p.o ~ d~ ~ Q . f>l iii ~ ~ i>l . I>< III ". .... WflM1....O..,...,...'...A."'j,. (,,,,,,,,0, OJ .'llIlfl' "0"11,,'11' .. , . . , . . 16, The averments contained in paragraph 16 of the Defendant's New Matter are specifically denied, and proof thereof is therefore demanded at trial, 17, The averments contained in paragraph 17 of the Defendant's New Matter aI'e specifically denied, and proof thereof is therefore demanded at trial. 18. The averments contained in paragraph 18 of the Defendant's New Matter are specifically denied, and proof thereof is therefore demanded at trial. 19. The averments contained in paragraph 19 of the Defendant's New Matter are specifically denied, and proof thereof is therefore demanded at trial. 20, The averments contained in paragraph 20 of the Defendant's New Matter are specifically denied, and proof thereof is therefore demanded at trial. 21, The averment contained in paragraph 21 of the Defendant's New Matter att0mpts to incorporate defenses not specifically listed, and any averment that said defenses are applicable or available to the Defendant are denied, and proof thereof is therefore demanded at trial, . ~HEREFORE, the Plaintiff demands judgment in her favor and against the Defendant in an amount in axcess of $20,000.00, plus costs, Respectfully submitted, Date~ FRIEDMAN, P.C. R c~ard S, Esqu re 600 N, Second Street P,nthouse suite p, O. Box 984 Harrisburg, PA 17108 (717) 236-8000 f/k/p - Bowman.Rep r.h m ~" t;"1 _-1- I~; " : f t ~ : ,- , c_ .j I.....') ~~.\ ; 1- 1 l.:.J' I , , ti ~ \ , .j I .... I' Ii',' , , , , ' ;- ..